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    – ## CorporateFinanceFIN6301UnitVIIScholarlyActivity.docx – ## UnitVIStudyGuide.pdf – UnitVIIStudyGuide.pdf **## CorporateFinanceFIN6301UnitVIIScholarlyActivity.docx** 2 Corporate Finance ECO 6301 Unit VII Scholarly Activity This assignment measures your mastery of ULOs 3.1, 3.2, 5.4, and 5.5. You w…

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    Assignment Prompt & Instructions

    – ## CorporateFinanceFIN6301UnitVIIScholarlyActivity.docx

    – ## UnitVIStudyGuide.pdf

    – UnitVIIStudyGuide.pdf

    **## CorporateFinanceFIN6301UnitVIIScholarlyActivity.docx**

    2

    Corporate Finance ECO 6301

    Unit VII Scholarly Activity

    This assignment measures your mastery of ULOs 3.1, 3.2, 5.4, and 5.5.

    You will use the multinational corporation (MNC) you researched in Unit VI for this assignment.

    The purpose of this scholarly activity is to continue to analyze fundamental aspects of corporate finance management in multinational corporations. You will examine supply chains and working capital management and make recommendations for financial decisions. Include the following components in your assignment:

    1. Analyze supply chains and working capital management:

    · Describe the company’s supply chain management strategy.

    · Analyze the financing policies used by the MNC for its current assets.

    · Analyze the goals of the company’s inventory management.

    2. Examine multinational financial management:

    · Discuss recent stock distributions through dividends or repurchases.

    · Enumerate reasons why the MNC decided to go global.

    · Illustrate any significant transactions the MNC has had between countries with different currencies.

    · Discuss challenges the MNC faces with floating exchange rates and its management strategies.

    · Analyze the relationships the MNC has with inflation, interest rates, and exchange rates.

    3. Make recommendations:

    · Based on your analysis, provide two to three recommendations for the MNC’s future financial decisions in the context of global operations.

    Compile your scholarly activity into a written paper, ensuring it is well-structured and professionally presented. Your assignment should be at least three pages in length. You are required to use at least two sources, at least two of which must come from the CSU Online Library.

    Adhere to APA Style when creating citations and references for this assignment. Please note that no abstract is needed.

    This
    formal paper example provided by the CSU Writing Center shows this type of formatting.

    The
    Find Company & Industry Resources LibGuide in the CSU Online Library is a great place to start your research.

    **## UnitVIStudyGuide.pdf**

    FIN 6301, Corporate Finance 1

    Course Learning Outcomes for Unit VI

    At the end of this unit, you should be able to:

    5. Recommend financial planning techniques to determine corporate value.
    5.4 Discuss stock distributions through dividends or repurchases.
    5.5 Examine capital structure decisions in a corporation.

    Required Unit Resources

    Chapter 14: Distributions to Shareholders: Dividends and Repurchases (ULO 5.4) You are not
    required to read the Summary, Questions, or Web Extension at the end of the chapter.
    The purpose of this chapter is to understand the distributions to shareholders through dividends and
    repurchases. First, we identify the two ways for a company to return cash to its stockholders. We explain
    the procedures for cash distributions, the impact of cash distributions on value of the organization, and
    the reasons for companies to maintain steady dividend growth. Next, we appraise the residual
    distributions model’s implementation in practice, predict the impact of distributions on a company’s
    intrinsic value, and compare the pros and cons of dividends and repurchases. Finally, we summarize the
    impact of asymmetric information on distribution decisions and analyze stock splits and stock dividends.

    Chapter 15: Capital Structure Decisions (ULO 5.5) You are not required to read the Summary,
    Questions, or Web Extension at the end of the chapter.
    The purpose of this chapter is to understand capital structure decisions. First, we discuss links among
    capital structure, weighted average cost of capital (WACC), and the value of operations. We define and
    differentiate business risk and financial risk. Next, we compare Modigliani and Miller capital structure
    models and assess trade-off theory of capital structure. We evaluate results of empirical tests of capital
    structure theories and estimate the optimal capital structure. Finally, we discuss recapitalization and
    choose an appropriate maturity structure for a company’s debt.

    Unit Lesson

    Lesson: Maximizing Shareholder Value: A Deep Dive into Cash Distributions and Capital
    Decisions (ULOs 5.4 and 5.5)

    In the realm of corporate finance, how a company manages its resources can be a barometer of its health,
    potential, and strategic direction. Understanding the nuances of cash distributions and capital structure
    decisions is not only beneficial for financial practitioners, but for anyone interested in gaining insights into the
    intricacies of business strategy. Let us embark on this enlightening journey together.

    Cash Distributions – The Interplay of Dividends and Repurchases in Corporate Finance

    Understanding these strategies can equip you with valuable tools for your financial management toolkit, both
    as an investor and as a business leader. In line with our Unit Learning Objective 5.4, this lesson will help you
    identify and understand the two main ways that companies return cash to stockholders: dividends and stock
    repurchases.

    UNIT VI STUDY GUIDE
    Cash Distributions and
    Capital Structure

    FIN 6301, Corporate Finance 2

    UNIT x STUDY GUIDE
    Title

    The Essence of Cash Distributions

    Cash distributions serve as a significant way companies return value to shareholders. They represent not just
    a sharing of profits but also a strategic business decision that has implications for a company’s market value
    and investor relations.

    • Dividends: A share of the company’s earnings is paid out to shareholders. Typically, larger, more
    established companies pay dividends as a way to distribute excess profits.

    • Stock repurchases: Also known as buybacks is when a company repurchases its own shares from
    the marketplace, reducing the number of outstanding shares. This action can often boost the stock
    price (Accountinguide, n.d.).

    Dividends Versus Stock Repurchases: A Comparison

    Both dividends and repurchases have their merits and drawbacks, and the choice between them often
    depends on the company’s financial strategy.

    For an investor, understanding a company’s approach to dividends and repurchases can provide insights into
    the company’s financial health and growth potential. For example, a startup might not offer dividends because
    it is reinvesting all profits for growth, whereas a well-established firm like Apple regularly offers both dividends
    and stock buybacks (Apple, n.d.).

    The Residual Distributions Model

    This model argues that distributions should be the residual or leftover earnings after all other operating and
    expansion expenses have been met. Essentially, only if the firm has extra cash after covering all its bases
    should it consider distributing cash to shareholders. This model is often debated among financial experts due
    to its conservative stance on distributions.

    Asymmetric Information and Distributions

    In a market where all information is not readily available to all parties, companies use dividends and
    repurchases as a signaling mechanism. For instance, a sudden dividend increase can signal confidence from
    the management in the company’s future prospects.

    Dividend Pros:
    • Stable and predictable for investors
    • Seen as a sign of financial health

    Dividend Cons:
    • Tax implications for the shareholder
    • May indicate the company does not have better investment opportunities

    Stock Repurchase Pros:
    • More flexible for the company
    • Can be more tax-efficient for shareholders

    Stock Repurchase Cons:
    • Can be seen as a short-term strategy
    • Does not guarantee an increase in stock price

    FIN 6301, Corporate Finance 3

    UNIT x STUDY GUIDE
    Title

    Stock Splits and Stock Dividends

    These are other ways companies return value but do not necessarily involve cash. Stock splits increase the
    number of shares, making them more affordable, while stock dividends give shareholders more shares
    instead of cash (Walther, 2021).

    Cash distributions are not merely financial transactions but strategic moves that reflect a company’s overall
    health and long-term plans. Understanding the various methods and their implications can help investors
    make informed decisions and managers steer their companies effectively.

    Navigating Capital Structure Decisions

    Now, let’s take you on a journey through the intricate world of capital structure decisions, one of the pillars of
    corporate finance. With a keen focus on Unit Learning Objective 5.5, we aim to provide a comprehensive
    understanding of how companies make financing choices and the theoretical and empirical frameworks that
    guide these decisions.

    The Essence of Capital Structure

    Capital structure refers to the combination of a firm’s various sources of financing, typically debt and equity.
    The significance of capital structure is that it directly impacts a company’s risk, value, and potential to provide
    returns to its stakeholders.

    • Capital structure and value: The mix of debt and equity can influence a company’s weighted average
    cost of capital (WACC) and, consequently, its overall valuation.

    • Risks involved: Leveraging, or using borrowed funds, can amplify returns, but it comes with its own
    set of risks, which leads us to our next point.

    An important part of this is dissecting business and financial risks:

    Theoretical Foundations: Modigliani and Miller Propositions

    M&M Propositions, established by Franco Modigliani and Merton Miller, are seminal in the study of capital
    structure (Brigham & Erhardt, 2024).

    Business Risk

    •The inherent risk in a firm's operations, business
    risk is the uncertainty of the firm's operating
    income due to factors like demand variability, price
    fluctuations, and changes in production costs.

    Financial Risk

    •This arises from the use of debt in a firm’s capital
    structure. The higher the debt, the greater the
    financial risk, as the firm commits to fixed interest
    payments irrespective of its profit levels.

    FIN 6301, Corporate Finance 4

    UNIT x STUDY GUIDE
    Title

    • Proposition I: In an environment without taxes, bankruptcy costs, and asymmetric information, a firm’s
    value is unaffected by its financing mix.

    • Proposition II: In the same environment, a firm’s cost of equity rises as it increases the proportion of
    debt in its structure.

    These propositions provide an academic backdrop, but, in the real world, imperfections like taxes and
    bankruptcy costs exist (Brigham & Erhardt, 2024).

    The Trade-Off Theory

    The trade-off theory posits that firms strike a balance between the tax advantages of debt and the bankruptcy
    costs of debt. There is an optimal level of debt that maximizes firm value (McCall, 2019).

    Empirical Tests and Optimal Capital Structure

    While theories provide frameworks, empirical studies have sought to find an optimal capital structure in
    practice. These studies often involve analyzing data from various industries and geographies to find common
    patterns or variations.

    The Process of Recapitalization

    Recapitalization involves changing the equity and debt ratio of a firm’s capital structure, usually to make the
    firm’s capital structure more stable or to boost the stock price (CFI Team, n.d.).

    Debt Maturity Structures

    The length of time until a debt becomes due can vary. Choosing the appropriate maturity structure for a
    company’s debt can greatly influence liquidity, risk, and company valuation.

    Capital structure decisions are multifaceted, blending theory, empirical evidence, and strategy. As future
    financial leaders or informed investors, understanding these complexities can be a powerful asset. Dive deep
    into the subsequent materials, engage in discussions, and remember that these lessons have real-world
    implications in boardrooms around the globe.

    References

    Accountinguide (n.d.). Stock repurchase. https://accountinguide.com/stock-repurchase

    Apple. (n.d.). Dividend history. https://investor.apple.com/dividend-history/default.aspx

    Brigham, E. F., & Ehrhardt, M. C. (2024). Financial management: Theory & practice (17th ed.). Cengage

    Learning. https://online.vitalsource.com/#/books/9780357714607

    Brusov, P., & Filatova, T. (2023, February). Capital structure theory: Past, present, future. Mathematics

    (2227-7390), 11(3), 616.
    https://libraryresources.columbiasouthern.edu/login?url=https://search.ebscohost.com/login.aspx?dire
    ct=true&db=asn&AN=161857380&site=ehost-live&scope=site

    CFI Team. (n.d.). Recapitalization: A change in a company’s equity and debt mixture. Corporate Finance

    Institute. https://corporatefinanceinstitute.com/resources/equities/recapitalization

    Mazanec, J. (2023, May). Capital structure and corporate performance: an empirical analysis from central

    Europe. Mathematics (2227-7390), 11(9).
    https://libraryresources.columbiasouthern.edu/login?url=https://search.ebscohost.com/login.aspx?dire
    ct=true&db=asn&AN=163694355&site=ehost-live&scope=site

    FIN 6301, Corporate Finance 5

    UNIT x STUDY GUIDE
    Title

    McCall, J. (2019). What is a trade-off model of capital structure. Capital.com. https://capital.com/trade-off-
    model-of-capital-structure-definition

    Walther, L. M. (2021, October 20). Stock splits and stock dividends. In Principles of accounting.com.

    CreateSpace. https://www.principlesofaccounting.com/chapter-14/splits-and-dividends

    Suggested Unit Resources

    Article: Capital Structure and Corporate Performance: An Empirical Analysis from Central Europe
    (Optional)
    This article looks at estimating business performance using indicators describing capital structure and
    asset structure (18 pages).

    Article: Capital Structure Theory: Past, Present, Future (Optional)
    This article analyzes existing theories of capital structure, including advantages and disadvantages, to
    review problems associated with management decision-making (30 pages).

    **UnitVIIStudyGuide.pdf**

    This file is too large to display. [View in new window](https://www.sweetstudy.com/files/unitviistudyguide-pdf-10404397)

    **UnitVIIStudyGuide.pdf**

    This file is too large to display. [View in new window](https://www.sweetstudy.com/files/unitviistudyguide-pdf-10404397)

    **## CorporateFinanceFIN6301UnitVIIScholarlyActivity.docx**

    2

    Corporate Finance ECO 6301

    Unit VII Scholarly Activity

    This assignment measures your mastery of ULOs 3.1, 3.2, 5.4, and 5.5.

    You will use the multinational corporation (MNC) you researched in Unit VI for this assignment.

    The purpose of this scholarly activity is to continue to analyze fundamental aspects of corporate finance management in multinational corporations. You will examine supply chains and working capital management and make recommendations for financial decisions. Include the following components in your assignment:

    1. Analyze supply chains and working capital management:

    · Describe the company’s supply chain management strategy.

    · Analyze the financing policies used by the MNC for its current assets.

    · Analyze the goals of the company’s inventory management.

    2. Examine multinational financial management:

    · Discuss recent stock distributions through dividends or repurchases.

    · Enumerate reasons why the MNC decided to go global.

    · Illustrate any significant transactions the MNC has had between countries with different currencies.

    · Discuss challenges the MNC faces with floating exchange rates and its management strategies.

    · Analyze the relationships the MNC has with inflation, interest rates, and exchange rates.

    3. Make recommendations:

    · Based on your analysis, provide two to three recommendations for the MNC’s future financial decisions in the context of global operations.

    Compile your scholarly activity into a written paper, ensuring it is well-structured and professionally presented. Your assignment should be at least three pages in length. You are required to use at least two sources, at least two of which must come from the CSU Online Library.

    Adhere to APA Style when creating citations and references for this assignment. Please note that no abstract is needed.

    This
    formal paper example provided by the CSU Writing Center shows this type of formatting.

    The
    Find Company & Industry Resources LibGuide in the CSU Online Library is a great place to start your research.

    **## UnitVIStudyGuide.pdf**

    FIN 6301, Corporate Finance 1

    Course Learning Outcomes for Unit VI

    At the end of this unit, you should be able to:

    5. Recommend financial planning techniques to determine corporate value.
    5.4 Discuss stock distributions through dividends or repurchases.
    5.5 Examine capital structure decisions in a corporation.

    Required Unit Resources

    Chapter 14: Distributions to Shareholders: Dividends and Repurchases (ULO 5.4) You are not
    required to read the Summary, Questions, or Web Extension at the end of the chapter.
    The purpose of this chapter is to understand the distributions to shareholders through dividends and
    repurchases. First, we identify the two ways for a company to return cash to its stockholders. We explain
    the procedures for cash distributions, the impact of cash distributions on value of the organization, and
    the reasons for companies to maintain steady dividend growth. Next, we appraise the residual
    distributions model’s implementation in practice, predict the impact of distributions on a company’s
    intrinsic value, and compare the pros and cons of dividends and repurchases. Finally, we summarize the
    impact of asymmetric information on distribution decisions and analyze stock splits and stock dividends.

    Chapter 15: Capital Structure Decisions (ULO 5.5) You are not required to read the Summary,
    Questions, or Web Extension at the end of the chapter.
    The purpose of this chapter is to understand capital structure decisions. First, we discuss links among
    capital structure, weighted average cost of capital (WACC), and the value of operations. We define and
    differentiate business risk and financial risk. Next, we compare Modigliani and Miller capital structure
    models and assess trade-off theory of capital structure. We evaluate results of empirical tests of capital
    structure theories and estimate the optimal capital structure. Finally, we discuss recapitalization and
    choose an appropriate maturity structure for a company’s debt.

    Unit Lesson

    Lesson: Maximizing Shareholder Value: A Deep Dive into Cash Distributions and Capital
    Decisions (ULOs 5.4 and 5.5)

    In the realm of corporate finance, how a company manages its resources can be a barometer of its health,
    potential, and strategic direction. Understanding the nuances of cash distributions and capital structure
    decisions is not only beneficial for financial practitioners, but for anyone interested in gaining insights into the
    intricacies of business strategy. Let us embark on this enlightening journey together.

    Cash Distributions – The Interplay of Dividends and Repurchases in Corporate Finance

    Understanding these strategies can equip you with valuable tools for your financial management toolkit, both
    as an investor and as a business leader. In line with our Unit Learning Objective 5.4, this lesson will help you
    identify and understand the two main ways that companies return cash to stockholders: dividends and stock
    repurchases.

    UNIT VI STUDY GUIDE
    Cash Distributions and
    Capital Structure

    FIN 6301, Corporate Finance 2

    UNIT x STUDY GUIDE
    Title

    The Essence of Cash Distributions

    Cash distributions serve as a significant way companies return value to shareholders. They represent not just
    a sharing of profits but also a strategic business decision that has implications for a company’s market value
    and investor relations.

    • Dividends: A share of the company’s earnings is paid out to shareholders. Typically, larger, more
    established companies pay dividends as a way to distribute excess profits.

    • Stock repurchases: Also known as buybacks is when a company repurchases its own shares from
    the marketplace, reducing the number of outstanding shares. This action can often boost the stock
    price (Accountinguide, n.d.).

    Dividends Versus Stock Repurchases: A Comparison

    Both dividends and repurchases have their merits and drawbacks, and the choice between them often
    depends on the company’s financial strategy.

    For an investor, understanding a company’s approach to dividends and repurchases can provide insights into
    the company’s financial health and growth potential. For example, a startup might not offer dividends because
    it is reinvesting all profits for growth, whereas a well-established firm like Apple regularly offers both dividends
    and stock buybacks (Apple, n.d.).

    The Residual Distributions Model

    This model argues that distributions should be the residual or leftover earnings after all other operating and
    expansion expenses have been met. Essentially, only if the firm has extra cash after covering all its bases
    should it consider distributing cash to shareholders. This model is often debated among financial experts due
    to its conservative stance on distributions.

    Asymmetric Information and Distributions

    In a market where all information is not readily available to all parties, companies use dividends and
    repurchases as a signaling mechanism. For instance, a sudden dividend increase can signal confidence from
    the management in the company’s future prospects.

    Dividend Pros:
    • Stable and predictable for investors
    • Seen as a sign of financial health

    Dividend Cons:
    • Tax implications for the shareholder
    • May indicate the company does not have better investment opportunities

    Stock Repurchase Pros:
    • More flexible for the company
    • Can be more tax-efficient for shareholders

    Stock Repurchase Cons:
    • Can be seen as a short-term strategy
    • Does not guarantee an increase in stock price

    FIN 6301, Corporate Finance 3

    UNIT x STUDY GUIDE
    Title

    Stock Splits and Stock Dividends

    These are other ways companies return value but do not necessarily involve cash. Stock splits increase the
    number of shares, making them more affordable, while stock dividends give shareholders more shares
    instead of cash (Walther, 2021).

    Cash distributions are not merely financial transactions but strategic moves that reflect a company’s overall
    health and long-term plans. Understanding the various methods and their implications can help investors
    make informed decisions and managers steer their companies effectively.

    Navigating Capital Structure Decisions

    Now, let’s take you on a journey through the intricate world of capital structure decisions, one of the pillars of
    corporate finance. With a keen focus on Unit Learning Objective 5.5, we aim to provide a comprehensive
    understanding of how companies make financing choices and the theoretical and empirical frameworks that
    guide these decisions.

    The Essence of Capital Structure

    Capital structure refers to the combination of a firm’s various sources of financing, typically debt and equity.
    The significance of capital structure is that it directly impacts a company’s risk, value, and potential to provide
    returns to its stakeholders.

    • Capital structure and value: The mix of debt and equity can influence a company’s weighted average
    cost of capital (WACC) and, consequently, its overall valuation.

    • Risks involved: Leveraging, or using borrowed funds, can amplify returns, but it comes with its own
    set of risks, which leads us to our next point.

    An important part of this is dissecting business and financial risks:

    Theoretical Foundations: Modigliani and Miller Propositions

    M&M Propositions, established by Franco Modigliani and Merton Miller, are seminal in the study of capital
    structure (Brigham & Erhardt, 2024).

    Business Risk

    •The inherent risk in a firm's operations, business
    risk is the uncertainty of the firm's operating
    income due to factors like demand variability, price
    fluctuations, and changes in production costs.

    Financial Risk

    •This arises from the use of debt in a firm’s capital
    structure. The higher the debt, the greater the
    financial risk, as the firm commits to fixed interest
    payments irrespective of its profit levels.

    FIN 6301, Corporate Finance 4

    UNIT x STUDY GUIDE
    Title

    • Proposition I: In an environment without taxes, bankruptcy costs, and asymmetric information, a firm’s
    value is unaffected by its financing mix.

    • Proposition II: In the same environment, a firm’s cost of equity rises as it increases the proportion of
    debt in its structure.

    These propositions provide an academic backdrop, but, in the real world, imperfections like taxes and
    bankruptcy costs exist (Brigham & Erhardt, 2024).

    The Trade-Off Theory

    The trade-off theory posits that firms strike a balance between the tax advantages of debt and the bankruptcy
    costs of debt. There is an optimal level of debt that maximizes firm value (McCall, 2019).

    Empirical Tests and Optimal Capital Structure

    While theories provide frameworks, empirical studies have sought to find an optimal capital structure in
    practice. These studies often involve analyzing data from various industries and geographies to find common
    patterns or variations.

    The Process of Recapitalization

    Recapitalization involves changing the equity and debt ratio of a firm’s capital structure, usually to make the
    firm’s capital structure more stable or to boost the stock price (CFI Team, n.d.).

    Debt Maturity Structures

    The length of time until a debt becomes due can vary. Choosing the appropriate maturity structure for a
    company’s debt can greatly influence liquidity, risk, and company valuation.

    Capital structure decisions are multifaceted, blending theory, empirical evidence, and strategy. As future
    financial leaders or informed investors, understanding these complexities can be a powerful asset. Dive deep
    into the subsequent materials, engage in discussions, and remember that these lessons have real-world
    implications in boardrooms around the globe.

    References

    Accountinguide (n.d.). Stock repurchase. https://accountinguide.com/stock-repurchase

    Apple. (n.d.). Dividend history. https://investor.apple.com/dividend-history/default.aspx

    Brigham, E. F., & Ehrhardt, M. C. (2024). Financial management: Theory & practice (17th ed.). Cengage

    Learning. https://online.vitalsource.com/#/books/9780357714607

    Brusov, P., & Filatova, T. (2023, February). Capital structure theory: Past, present, future. Mathematics

    (2227-7390), 11(3), 616.
    https://libraryresources.columbiasouthern.edu/login?url=https://search.ebscohost.com/login.aspx?dire
    ct=true&db=asn&AN=161857380&site=ehost-live&scope=site

    CFI Team. (n.d.). Recapitalization: A change in a company’s equity and debt mixture. Corporate Finance

    Institute. https://corporatefinanceinstitute.com/resources/equities/recapitalization

    Mazanec, J. (2023, May). Capital structure and corporate performance: an empirical analysis from central

    Europe. Mathematics (2227-7390), 11(9).
    https://libraryresources.columbiasouthern.edu/login?url=https://search.ebscohost.com/login.aspx?dire
    ct=true&db=asn&AN=163694355&site=ehost-live&scope=site

    FIN 6301, Corporate Finance 5

    UNIT x STUDY GUIDE
    Title

    McCall, J. (2019). What is a trade-off model of capital structure. Capital.com. https://capital.com/trade-off-
    model-of-capital-structure-definition

    Walther, L. M. (2021, October 20). Stock splits and stock dividends. In Principles of accounting.com.

    CreateSpace. https://www.principlesofaccounting.com/chapter-14/splits-and-dividends

    Suggested Unit Resources

    Article: Capital Structure and Corporate Performance: An Empirical Analysis from Central Europe
    (Optional)
    This article looks at estimating business performance using indicators describing capital structure and
    asset structure (18 pages).

    Article: Capital Structure Theory: Past, Present, Future (Optional)
    This article analyzes existing theories of capital structure, including advantages and disadvantages, to
    review problems associated with management decision-making (30 pages).

    **UnitVIIStudyGuide.pdf**

    This file is too large to display. [View in new window](https://www.sweetstudy.com/files/unitviistudyguide-pdf-10404397)

    **## CorporateFinanceFIN6301UnitVIIScholarlyActivity.docx**

    2

    Corporate Finance ECO 6301

    Unit VII Scholarly Activity

    This assignment measures your mastery of ULOs 3.1, 3.2, 5.4, and 5.5.

    You will use the multinational corporation (MNC) you researched in Unit VI for this assignment.

    The purpose of this scholarly activity is to continue to analyze fundamental aspects of corporate finance management in multinational corporations. You will examine supply chains and working capital management and make recommendations for financial decisions. Include the following components in your assignment:

    1. Analyze supply chains and working capital management:

    · Describe the company’s supply chain management strategy.

    · Analyze the financing policies used by the MNC for its current assets.

    · Analyze the goals of the company’s inventory management.

    2. Examine multinational financial management:

    · Discuss recent stock distributions through dividends or repurchases.

    · Enumerate reasons why the MNC decided to go global.

    · Illustrate any significant transactions the MNC has had between countries with different currencies.

    · Discuss challenges the MNC faces with floating exchange rates and its management strategies.

    · Analyze the relationships the MNC has with inflation, interest rates, and exchange rates.

    3. Make recommendations:

    · Based on your analysis, provide two to three recommendations for the MNC’s future financial decisions in the context of global operations.

    Compile your scholarly activity into a written paper, ensuring it is well-structured and professionally presented. Your assignment should be at least three pages in length. You are required to use at least two sources, at least two of which must come from the CSU Online Library.

    Adhere to APA Style when creating citations and references for this assignment. Please note that no abstract is needed.

    This
    formal paper example provided by the CSU Writing Center shows this type of formatting.

    The
    Find Company & Industry Resources LibGuide in the CSU Online Library is a great place to start your research.

    **## UnitVIStudyGuide.pdf**

    FIN 6301, Corporate Finance 1

    Course Learning Outcomes for Unit VI

    At the end of this unit, you should be able to:

    5. Recommend financial planning techniques to determine corporate value.
    5.4 Discuss stock distributions through dividends or repurchases.
    5.5 Examine capital structure decisions in a corporation.

    Required Unit Resources

    Chapter 14: Distributions to Shareholders: Dividends and Repurchases (ULO 5.4) You are not
    required to read the Summary, Questions, or Web Extension at the end of the chapter.
    The purpose of this chapter is to understand the distributions to shareholders through dividends and
    repurchases. First, we identify the two ways for a company to return cash to its stockholders. We explain
    the procedures for cash distributions, the impact of cash distributions on value of the organization, and
    the reasons for companies to maintain steady dividend growth. Next, we appraise the residual
    distributions model’s implementation in practice, predict the impact of distributions on a company’s
    intrinsic value, and compare the pros and cons of dividends and repurchases. Finally, we summarize the
    impact of asymmetric information on distribution decisions and analyze stock splits and stock dividends.

    Chapter 15: Capital Structure Decisions (ULO 5.5) You are not required to read the Summary,
    Questions, or Web Extension at the end of the chapter.
    The purpose of this chapter is to understand capital structure decisions. First, we discuss links among
    capital structure, weighted average cost of capital (WACC), and the value of operations. We define and
    differentiate business risk and financial risk. Next, we compare Modigliani and Miller capital structure
    models and assess trade-off theory of capital structure. We evaluate results of empirical tests of capital
    structure theories and estimate the optimal capital structure. Finally, we discuss recapitalization and
    choose an appropriate maturity structure for a company’s debt.

    Unit Lesson

    Lesson: Maximizing Shareholder Value: A Deep Dive into Cash Distributions and Capital
    Decisions (ULOs 5.4 and 5.5)

    In the realm of corporate finance, how a company manages its resources can be a barometer of its health,
    potential, and strategic direction. Understanding the nuances of cash distributions and capital structure
    decisions is not only beneficial for financial practitioners, but for anyone interested in gaining insights into the
    intricacies of business strategy. Let us embark on this enlightening journey together.

    Cash Distributions – The Interplay of Dividends and Repurchases in Corporate Finance

    Understanding these strategies can equip you with valuable tools for your financial management toolkit, both
    as an investor and as a business leader. In line with our Unit Learning Objective 5.4, this lesson will help you
    identify and understand the two main ways that companies return cash to stockholders: dividends and stock
    repurchases.

    UNIT VI STUDY GUIDE
    Cash Distributions and
    Capital Structure

    FIN 6301, Corporate Finance 2

    UNIT x STUDY GUIDE
    Title

    The Essence of Cash Distributions

    Cash distributions serve as a significant way companies return value to shareholders. They represent not just
    a sharing of profits but also a strategic business decision that has implications for a company’s market value
    and investor relations.

    • Dividends: A share of the company’s earnings is paid out to shareholders. Typically, larger, more
    established companies pay dividends as a way to distribute excess profits.

    • Stock repurchases: Also known as buybacks is when a company repurchases its own shares from
    the marketplace, reducing the number of outstanding shares. This action can often boost the stock
    price (Accountinguide, n.d.).

    Dividends Versus Stock Repurchases: A Comparison

    Both dividends and repurchases have their merits and drawbacks, and the choice between them often
    depends on the company’s financial strategy.

    For an investor, understanding a company’s approach to dividends and repurchases can provide insights into
    the company’s financial health and growth potential. For example, a startup might not offer dividends because
    it is reinvesting all profits for growth, whereas a well-established firm like Apple regularly offers both dividends
    and stock buybacks (Apple, n.d.).

    The Residual Distributions Model

    This model argues that distributions should be the residual or leftover earnings after all other operating and
    expansion expenses have been met. Essentially, only if the firm has extra cash after covering all its bases
    should it consider distributing cash to shareholders. This model is often debated among financial experts due
    to its conservative stance on distributions.

    Asymmetric Information and Distributions

    In a market where all information is not readily available to all parties, companies use dividends and
    repurchases as a signaling mechanism. For instance, a sudden dividend increase can signal confidence from
    the management in the company’s future prospects.

    Dividend Pros:
    • Stable and predictable for investors
    • Seen as a sign of financial health

    Dividend Cons:
    • Tax implications for the shareholder
    • May indicate the company does not have better investment opportunities

    Stock Repurchase Pros:
    • More flexible for the company
    • Can be more tax-efficient for shareholders

    Stock Repurchase Cons:
    • Can be seen as a short-term strategy
    • Does not guarantee an increase in stock price

    FIN 6301, Corporate Finance 3

    UNIT x STUDY GUIDE
    Title

    Stock Splits and Stock Dividends

    These are other ways companies return value but do not necessarily involve cash. Stock splits increase the
    number of shares, making them more affordable, while stock dividends give shareholders more shares
    instead of cash (Walther, 2021).

    Cash distributions are not merely financial transactions but strategic moves that reflect a company’s overall
    health and long-term plans. Understanding the various methods and their implications can help investors
    make informed decisions and managers steer their companies effectively.

    Navigating Capital Structure Decisions

    Now, let’s take you on a journey through the intricate world of capital structure decisions, one of the pillars of
    corporate finance. With a keen focus on Unit Learning Objective 5.5, we aim to provide a comprehensive
    understanding of how companies make financing choices and the theoretical and empirical frameworks that
    guide these decisions.

    The Essence of Capital Structure

    Capital structure refers to the combination of a firm’s various sources of financing, typically debt and equity.
    The significance of capital structure is that it directly impacts a company’s risk, value, and potential to provide
    returns to its stakeholders.

    • Capital structure and value: The mix of debt and equity can influence a company’s weighted average
    cost of capital (WACC) and, consequently, its overall valuation.

    • Risks involved: Leveraging, or using borrowed funds, can amplify returns, but it comes with its own
    set of risks, which leads us to our next point.

    An important part of this is dissecting business and financial risks:

    Theoretical Foundations: Modigliani and Miller Propositions

    M&M Propositions, established by Franco Modigliani and Merton Miller, are seminal in the study of capital
    structure (Brigham & Erhardt, 2024).

    Business Risk

    •The inherent risk in a firm's operations, business
    risk is the uncertainty of the firm's operating
    income due to factors like demand variability, price
    fluctuations, and changes in production costs.

    Financial Risk

    •This arises from the use of debt in a firm’s capital
    structure. The higher the debt, the greater the
    financial risk, as the firm commits to fixed interest
    payments irrespective of its profit levels.

    FIN 6301, Corporate Finance 4

    UNIT x STUDY GUIDE
    Title

    • Proposition I: In an environment without taxes, bankruptcy costs, and asymmetric information, a firm’s
    value is unaffected by its financing mix.

    • Proposition II: In the same environment, a firm’s cost of equity rises as it increases the proportion of
    debt in its structure.

    These propositions provide an academic backdrop, but, in the real world, imperfections like taxes and
    bankruptcy costs exist (Brigham & Erhardt, 2024).

    The Trade-Off Theory

    The trade-off theory posits that firms strike a balance between the tax advantages of debt and the bankruptcy
    costs of debt. There is an optimal level of debt that maximizes firm value (McCall, 2019).

    Empirical Tests and Optimal Capital Structure

    While theories provide frameworks, empirical studies have sought to find an optimal capital structure in
    practice. These studies often involve analyzing data from various industries and geographies to find common
    patterns or variations.

    The Process of Recapitalization

    Recapitalization involves changing the equity and debt ratio of a firm’s capital structure, usually to make the
    firm’s capital structure more stable or to boost the stock price (CFI Team, n.d.).

    Debt Maturity Structures

    The length of time until a debt becomes due can vary. Choosing the appropriate maturity structure for a
    company’s debt can greatly influence liquidity, risk, and company valuation.

    Capital structure decisions are multifaceted, blending theory, empirical evidence, and strategy. As future
    financial leaders or informed investors, understanding these complexities can be a powerful asset. Dive deep
    into the subsequent materials, engage in discussions, and remember that these lessons have real-world
    implications in boardrooms around the globe.

    References

    Accountinguide (n.d.). Stock repurchase. https://accountinguide.com/stock-repurchase

    Apple. (n.d.). Dividend history. https://investor.apple.com/dividend-history/default.aspx

    Brigham, E. F., & Ehrhardt, M. C. (2024). Financial management: Theory & practice (17th ed.). Cengage

    Learning. https://online.vitalsource.com/#/books/9780357714607

    Brusov, P., & Filatova, T. (2023, February). Capital structure theory: Past, present, future. Mathematics

    (2227-7390), 11(3), 616.
    https://libraryresources.columbiasouthern.edu/login?url=https://search.ebscohost.com/login.aspx?dire
    ct=true&db=asn&AN=161857380&site=ehost-live&scope=site

    CFI Team. (n.d.). Recapitalization: A change in a company’s equity and debt mixture. Corporate Finance

    Institute. https://corporatefinanceinstitute.com/resources/equities/recapitalization

    Mazanec, J. (2023, May). Capital structure and corporate performance: an empirical analysis from central

    Europe. Mathematics (2227-7390), 11(9).
    https://libraryresources.columbiasouthern.edu/login?url=https://search.ebscohost.com/login.aspx?dire
    ct=true&db=asn&AN=163694355&site=ehost-live&scope=site

    FIN 6301, Corporate Finance 5

    UNIT x STUDY GUIDE
    Title

    McCall, J. (2019). What is a trade-off model of capital structure. Capital.com. https://capital.com/trade-off-
    model-of-capital-structure-definition

    Walther, L. M. (2021, October 20). Stock splits and stock dividends. In Principles of accounting.com.

    CreateSpace. https://www.principlesofaccounting.com/chapter-14/splits-and-dividends

    Suggested Unit Resources

    Article: Capital Structure and Corporate Performance: An Empirical Analysis from Central Europe
    (Optional)
    This article looks at estimating business performance using indicators describing capital structure and
    asset structure (18 pages).

    Article: Capital Structure Theory: Past, Present, Future (Optional)
    This article analyzes existing theories of capital structure, including advantages and disadvantages, to
    review problems associated with management decision-making (30 pages).

    **UnitVIIStudyGuide.pdf**

    This file is too large to display. [View in new window](https://www.sweetstudy.com/files/unitviistudyguide-pdf-10404397)

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  • [Solved] HRM 6302 Unit VII CS

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    Executive Solution Overview

    – ## EmploymentLawHRM6302UnitVIICaseStudy.docx – ## UnitVIIStudyGuide.pdf **## EmploymentLawHRM6302UnitVIICaseStudy.docx** 2 Employment Law HRM 6302 Unit VII Case Study Analyze the case of SeaWorld of Florida v. Perez, 2014 U.S. App. LEXIS 6660 (D.C. Cir.) located in your textbook on pp. 559-564, in…

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    – ## EmploymentLawHRM6302UnitVIICaseStudy.docx

    – ## UnitVIIStudyGuide.pdf

    **## EmploymentLawHRM6302UnitVIICaseStudy.docx**

    2

    Employment Law HRM 6302

    Unit VII Case Study

    Analyze the case of SeaWorld of Florida v. Perez, 2014 U.S. App. LEXIS 6660 (D.C. Cir.) located in your textbook on pp. 559-564, including the opinion of Judge Rodgers as well as the dissenting opinion of Judge (now-Supreme Court Justice) Brett Kavanaugh.

    Write a case study review of the court’s opinion that answers the questions below. Support your review with analysis and evidence from the unit reading and outside sources.

    · What are the legal issues enforced by the Occupational Safety and Health Administration (OSHA) and presented in this case? How did the plaintiff establish a valid violation under the General Duty Clause of the OSH Act? Explain how the elements of a valid claim were satisfied under the OSH Act.

    · How does OSHA enforce workplace safety and health standards?

    · Do you agree with the court’s decision? Should or could SeaWorld have done more to abate the hazard? Support your position.

    Your paper should be a minimum of five pages, not including the title and reference pages. You are required to use a minimum of three sources, one of which may be your textbook as reference material for your case study. Adhere to APA Style when constructing this assignment, including in-text citations and references for all sources that are used. Please note that no abstract is needed.

    This
    **Case Study Example** provided by the CSU Writing Center shows this type of formatting.

    **## UnitVIIStudyGuide.pdf**

    HRM 6302, Employment Law 1

    Course Learning Outcomes for Unit VII

    Upon completion of this unit, students should be able to:

    8. Evaluate the Occupational Safety and Health Administration’s (OSHA) regulatory power in the context
    of workplace safety.
    8.1 Summarize the manner in which OSHA enforces workplace safety and health standards.
    8.2 Explain the requirements of the Occupational Safety and Health (OSH) Act.
    8.3 Assess a legal case for compliance with OSHA standards.

    Required Unit Resources

    Chapter 14: Occupational Safety and Health, pp. 551–591

    Unit Lesson

    The primary objective of workplace safety is the prevention of workplace injuries, illnesses, and fatalities. In
    2014, almost 4,821 U.S. workers died from workplace injuries. There were approximately 2.9 million nonfatal
    workplace injuries and illnesses (Bureau of Labor Statistics, 2016). These incidents cost businesses huge
    sums of money and take a significant toll on the victims and their families. One death is too many, but the
    number of deaths, injuries, and illnesses has generally declined over time, due in no small measure to safety
    requirements at the federal level. Prior to the passage of the Occupational Safety and Health Act (OSH Act) in
    1970, only the common law bound employers to provide employees with a safe workplace. Further,

    UNIT VII STUDY GUIDE
    Occupational Safety and Health

    Occupational Safety
    (Pitiquen, n.d.)

    HRM 6302, Employment Law 2

    UNIT x STUDY GUIDE
    Title

    employers had several common law defenses that often enabled them to avoid liability. Employees had few
    protections from unscrupulous employers who eschewed safety for profit.

    The OSH Act covers almost all employers and employees and is critically important to those who support
    employment law compliance. Any employer in a business affecting commerce is subject to and covered by
    the OSH Act. The limited exceptions to coverage are primarily the self-employed and farms that employ only
    immediate family of the owner. Workplaces covered by other federal laws, such as the mining, nuclear,
    railroad, and airline industries, as well as state and local governments (unless otherwise permitted by state
    law) are also excluded from the OSH Act (OSHA, n.d.-a).

    The OSH Act imposes two basic requirements on employers to accomplish the goal of a safe workplace.
    First, the employer must comply with all the safety and health standards set by the U.S. Department of Labor
    (DOL). Second, the employer must furnish each of its employees a workplace free from recognized hazards
    that are causing or likely to cause death or serious physical harm.

    The Occupational Safety and Health Administration (OSHA), which falls under the DOL, is charged with
    enforcing the OSH Act. OSHA translates the basic requirements imposed on employers by the OSH Act into
    specific actions. OSHA holds employers responsible for proactively adopting safety practices, communicating
    them to employees, ensuring employees use them, monitoring working conditions, alerting employees to
    potential hazards, and reporting work-related deaths and injuries (OSHA, n.d.-a). OSHA has established
    industry standards to inform employers how to guarantee a safe and healthy workplace. The four major
    categories of OSHA standards are general, construction, maritime, and agriculture. To determine the industry
    standards an employer needs to follow, he or she must determine the appropriate industry code that applies
    to the organization within the North American Industry Classification System (NAICS).

    While some OSHA standards are specific to one industry, many of them apply across industries, such as
    standards for personal protective equipment and hazardous communication. Most employers will need to
    implement a combination of standards including the associated training and safety inspection requirements to
    be compliant. OSHA requires that employers prominently display federal workplace health and safety posters
    in their workspaces.

    To help employers navigate the requirements imposed on them, OSHA’s website contains a wealth of
    information for various types of employers, including small businesses. The site’s resources include
    interactive tools for both employers and employees. Every state has free workplace consultations available to
    small businesses that want onsite help in establishing safety and health programs. This assistance will also
    help in identifying and correcting workplace hazards. Additionally, OSHA has a network of compliance
    assistance specialists in local offices to provide tailored information and training to employers and employees.
    There are 22 states that have OSHA-approved job safety and health programs. These are operated by the
    individual states instead of adhering to federal OSHA standards. All state plans are approved and monitored
    by OSHA, and they require that state-run safety and health programs must be at least as effective as the
    federal program. If the state programs are compliant, OSHA provides as much as 50% of the funding for each
    program (OSHA, n.d.-b).

    What is the downside of lax compliance with OSHA requirements? After years of a legal anomaly that
    prevented OSHA from increasing penalties, in 2016, Congress passed legislation that allowed the agency to
    adjust penalties to more appropriate and modern levels. Serious violations of the law increased from $7,000
    to $12,471 per violation. Failure to abate dangerous or hazardous conditions rose from $7,000 to $12,471 per
    date after the date recorded on an OSHA citation for correction of the violation. In addition, willful or repeated
    violations increased from $70,000 to $124,709 per violation (Smith, 2016).

    In 2016, OSHA released new injury and illness reporting rules that change the way employers have long done
    business and in an unusual twist, call into question employers’ drug testing practices after accidents.
    Traditionally, employers track and maintain injury information internally, though fatalities and serious injuries
    must be reported to OSHA immediately. The new rule, however, requires electronic submission of the
    information by the employer annually to OSHA. In turn, OSHA will then publish the data online for anyone to
    access. There are also new requirements related to employee involvement in employer recordkeeping
    practices and the prevention of discrimination and retaliation. Employers must inform each employee how to
    properly report a work-related injury or illness. Further, employers must establish a reasonable procedure for
    employee reporting. A process is not reasonable if it would prevent or discourage a reasonable employee

    HRM 6302, Employment Law 3

    UNIT x STUDY GUIDE
    Title

    from correctly reporting a workplace injury or illness. Employers must inform employees of their right to report
    injuries and illnesses and inform them that they cannot be fired or discriminated against for reporting
    (Petrides, 2016).

    The twist is the impact on employer drug testing policies. In conjunction with this new rule, OSHA announced
    that policies that call for across-the-board testing after an accident deter employees from reporting injuries
    and may not be reasonable. OSHA indicates that employers should engage in post-injury drug testing only
    when there is a reasonable potential that drug use by the reporting employee contributed to the injury or
    illness and further, only when the test can precisely indicate that impairment was caused by the use of drugs
    (Petrides, 2016). This guidance does not appear to prevent testing where there are facts that support that
    drugs could have contributed to the incident, such as slurred speech, glazed eyes, stupor, or other signs
    generally associated with drug or alcohol intoxication. Beyond this, it may be a challenge to determine when it
    is appropriate to drug test employees following reported accidents, injuries, and illnesses.

    Workplace violence is an area that can affect all employers and has increasingly been in the forefront of
    OSHA’s attention. Workplace violence is any act or threat of physical violence, harassment, intimidation, or
    other threatening disruptive behavior that occurs at the workplace. It includes a wide range of actions from
    threats and verbal abuse to physical assaults and even homicide (OSHA, n.d.-c). It can affect and involve
    employees, clients, customers, and visitors. Among many incidents is one in 2010, which occurred as two
    dozen employees worked at a Penske truck rental facility near Atlanta. A former employee, dressed in
    camouflage, came to the facility and fatally shot three workers and injured two others. Subsequently, a
    survivor of one of the workers killed in the shooting sued Penske, claiming that the company had been
    making threats to come to the property and hurt employees and that the company therefore had an obligation
    to protect its employees (Bluestein, 2010).

    According to OSHA (n.d.-c), homicide is the fourth-leading cause of fatal occupational injuries in the United
    States accounting for more than 400 of the workplace fatalities in 2014. Further, nearly 2 million American
    workers report having been workplace violence victims annually and many cases go unreported (OSHA, n.d.-
    c). While there is no magic way to predict where workplace violence will occur, OSHA has identified workers
    with elevated risk of being victims of violence as those who exchange money with the public, delivery drivers,
    healthcare professionals, public service workers, customer service agents, law enforcement personnel, and
    workers who work by themselves or in small groups. Additional risk factors include working in a location
    where there is the service of alcohol and working late at night or in areas with known high crime rates.

    To combat workplace violence, OSHA recommends employers establish a zero-tolerance policy covering not
    only workers, but also anyone exposed to workers in the workplace. Further, employers should assess their
    workplaces, identify risk factors, and implement methods of reducing risk. Training, too, can reduce the
    incidence of workplace violence and inform workers what concerns they should report, how to report
    concerns, and how to respond if an incident occurs.

    Clearly, establishing and maintaining a safe and healthy workplace is a goal that requires attention on a daily
    basis, not only from HR staff, but also just as importantly from managers and workers. Government entities
    such as OSHA protect workers in the workplace and require employers to provide risk reduction and safe
    work environments through education, training, and government assistance. Within organizations, employers
    must ensure management is knowledgeable about their responsibilities, as well as resources available to help
    them achieve safety goals. HR has the responsibility of keeping this critical goal in front of the members of the
    organization and avoiding complacency because just one incident can have devastating effects.

    References

    Bluestein, G. (2010, April 2). Widow: Penske warned of threats before shooting. Boston Globe.

    http://archive.boston.com/business/articles/2010/04/02/widow_penske_warned_of_threats_before_sh
    ooting/

    Bureau of Labor Statistics. (2016, October 27). Employer-reported workplace injuries and illnesses – 2015

    [News release]. U.S. Department of Labor.
    https://www.bls.gov/news.release/archives/osh_10272016.pdf

    HRM 6302, Employment Law 4

    UNIT x STUDY GUIDE
    Title

    Occupational Safety and Health Administration. (n.d.-a). Law and regulations. United States Department of
    Labor. https://www.osha.gov/law-regs.html

    Occupational Safety and Health Administration. (n.d.-b). State plans. United States Department of Labor.

    https://www.osha.gov/dcsp/osp/index.html

    Occupational Safety and Health Administration. (n.d.-c). Workplace violence. United States Department of

    Labor. https://www.osha.gov/SLTC/workplaceviolence/

    Petrides, T. H. (2016, May 19). OSHA issues new illness and injury recordkeeping rule that casts doubt upon

    commonplace employer drug testing and safety incentive policies. The National Law Review, 6(140).
    http://www.natlawreview.com/article/osha-issues-new-illness-and-injury-recordkeeping-rule-casts-
    doubt-upon-commonplace

    Pitiquen, J. (n.d.). Occupational safety (ID 24098844) [Graphic]. Dreamstime.

    https://www.dreamstime.com/stock-images-occupational-safety-image24098844

    Smith, A. (2016, October 19). Steep new penalties under OSH Act raise compliance concerns. Society for

    Human Resource Management. https://www.shrm.org/resourcesandtools/legal-and-
    compliance/employment-law/pages/osh-act-penalties.aspx

    Suggested Unit Resources

    In order to access the following resources, click the links below.

    The following PowerPoint presentation supplements the textbook chapter reading and is provided for further
    knowledge and review of the unit materials.

    Chapter 14 presentation (PowerPoint) or Chapter 14 presentation (PDF)

    Learning Activities (Nongraded)

    Nongraded Learning Activities are provided to aid students in their course of study. You do not have to submit
    them. If you have questions, contact your instructor for further guidance and information.

    At the end of each chapter of your textbook, scenario-driven questions provide legal issues and realistic
    situations that relate to employment law. Exploring these questions allows you the opportunity to further your
    understanding of the concepts in each chapter and prepares you for similar situations you may encounter in
    your workplace.

    • Review the Chapter 14 questions in your textbook on pages 592–593.

    **## UnitVIIStudyGuide.pdf**

    HRM 6302, Employment Law 1

    Course Learning Outcomes for Unit VII

    Upon completion of this unit, students should be able to:

    8. Evaluate the Occupational Safety and Health Administration’s (OSHA) regulatory power in the context
    of workplace safety.
    8.1 Summarize the manner in which OSHA enforces workplace safety and health standards.
    8.2 Explain the requirements of the Occupational Safety and Health (OSH) Act.
    8.3 Assess a legal case for compliance with OSHA standards.

    Required Unit Resources

    Chapter 14: Occupational Safety and Health, pp. 551–591

    Unit Lesson

    The primary objective of workplace safety is the prevention of workplace injuries, illnesses, and fatalities. In
    2014, almost 4,821 U.S. workers died from workplace injuries. There were approximately 2.9 million nonfatal
    workplace injuries and illnesses (Bureau of Labor Statistics, 2016). These incidents cost businesses huge
    sums of money and take a significant toll on the victims and their families. One death is too many, but the
    number of deaths, injuries, and illnesses has generally declined over time, due in no small measure to safety
    requirements at the federal level. Prior to the passage of the Occupational Safety and Health Act (OSH Act) in
    1970, only the common law bound employers to provide employees with a safe workplace. Further,

    UNIT VII STUDY GUIDE
    Occupational Safety and Health

    Occupational Safety
    (Pitiquen, n.d.)

    HRM 6302, Employment Law 2

    UNIT x STUDY GUIDE
    Title

    employers had several common law defenses that often enabled them to avoid liability. Employees had few
    protections from unscrupulous employers who eschewed safety for profit.

    The OSH Act covers almost all employers and employees and is critically important to those who support
    employment law compliance. Any employer in a business affecting commerce is subject to and covered by
    the OSH Act. The limited exceptions to coverage are primarily the self-employed and farms that employ only
    immediate family of the owner. Workplaces covered by other federal laws, such as the mining, nuclear,
    railroad, and airline industries, as well as state and local governments (unless otherwise permitted by state
    law) are also excluded from the OSH Act (OSHA, n.d.-a).

    The OSH Act imposes two basic requirements on employers to accomplish the goal of a safe workplace.
    First, the employer must comply with all the safety and health standards set by the U.S. Department of Labor
    (DOL). Second, the employer must furnish each of its employees a workplace free from recognized hazards
    that are causing or likely to cause death or serious physical harm.

    The Occupational Safety and Health Administration (OSHA), which falls under the DOL, is charged with
    enforcing the OSH Act. OSHA translates the basic requirements imposed on employers by the OSH Act into
    specific actions. OSHA holds employers responsible for proactively adopting safety practices, communicating
    them to employees, ensuring employees use them, monitoring working conditions, alerting employees to
    potential hazards, and reporting work-related deaths and injuries (OSHA, n.d.-a). OSHA has established
    industry standards to inform employers how to guarantee a safe and healthy workplace. The four major
    categories of OSHA standards are general, construction, maritime, and agriculture. To determine the industry
    standards an employer needs to follow, he or she must determine the appropriate industry code that applies
    to the organization within the North American Industry Classification System (NAICS).

    While some OSHA standards are specific to one industry, many of them apply across industries, such as
    standards for personal protective equipment and hazardous communication. Most employers will need to
    implement a combination of standards including the associated training and safety inspection requirements to
    be compliant. OSHA requires that employers prominently display federal workplace health and safety posters
    in their workspaces.

    To help employers navigate the requirements imposed on them, OSHA’s website contains a wealth of
    information for various types of employers, including small businesses. The site’s resources include
    interactive tools for both employers and employees. Every state has free workplace consultations available to
    small businesses that want onsite help in establishing safety and health programs. This assistance will also
    help in identifying and correcting workplace hazards. Additionally, OSHA has a network of compliance
    assistance specialists in local offices to provide tailored information and training to employers and employees.
    There are 22 states that have OSHA-approved job safety and health programs. These are operated by the
    individual states instead of adhering to federal OSHA standards. All state plans are approved and monitored
    by OSHA, and they require that state-run safety and health programs must be at least as effective as the
    federal program. If the state programs are compliant, OSHA provides as much as 50% of the funding for each
    program (OSHA, n.d.-b).

    What is the downside of lax compliance with OSHA requirements? After years of a legal anomaly that
    prevented OSHA from increasing penalties, in 2016, Congress passed legislation that allowed the agency to
    adjust penalties to more appropriate and modern levels. Serious violations of the law increased from $7,000
    to $12,471 per violation. Failure to abate dangerous or hazardous conditions rose from $7,000 to $12,471 per
    date after the date recorded on an OSHA citation for correction of the violation. In addition, willful or repeated
    violations increased from $70,000 to $124,709 per violation (Smith, 2016).

    In 2016, OSHA released new injury and illness reporting rules that change the way employers have long done
    business and in an unusual twist, call into question employers’ drug testing practices after accidents.
    Traditionally, employers track and maintain injury information internally, though fatalities and serious injuries
    must be reported to OSHA immediately. The new rule, however, requires electronic submission of the
    information by the employer annually to OSHA. In turn, OSHA will then publish the data online for anyone to
    access. There are also new requirements related to employee involvement in employer recordkeeping
    practices and the prevention of discrimination and retaliation. Employers must inform each employee how to
    properly report a work-related injury or illness. Further, employers must establish a reasonable procedure for
    employee reporting. A process is not reasonable if it would prevent or discourage a reasonable employee

    HRM 6302, Employment Law 3

    UNIT x STUDY GUIDE
    Title

    from correctly reporting a workplace injury or illness. Employers must inform employees of their right to report
    injuries and illnesses and inform them that they cannot be fired or discriminated against for reporting
    (Petrides, 2016).

    The twist is the impact on employer drug testing policies. In conjunction with this new rule, OSHA announced
    that policies that call for across-the-board testing after an accident deter employees from reporting injuries
    and may not be reasonable. OSHA indicates that employers should engage in post-injury drug testing only
    when there is a reasonable potential that drug use by the reporting employee contributed to the injury or
    illness and further, only when the test can precisely indicate that impairment was caused by the use of drugs
    (Petrides, 2016). This guidance does not appear to prevent testing where there are facts that support that
    drugs could have contributed to the incident, such as slurred speech, glazed eyes, stupor, or other signs
    generally associated with drug or alcohol intoxication. Beyond this, it may be a challenge to determine when it
    is appropriate to drug test employees following reported accidents, injuries, and illnesses.

    Workplace violence is an area that can affect all employers and has increasingly been in the forefront of
    OSHA’s attention. Workplace violence is any act or threat of physical violence, harassment, intimidation, or
    other threatening disruptive behavior that occurs at the workplace. It includes a wide range of actions from
    threats and verbal abuse to physical assaults and even homicide (OSHA, n.d.-c). It can affect and involve
    employees, clients, customers, and visitors. Among many incidents is one in 2010, which occurred as two
    dozen employees worked at a Penske truck rental facility near Atlanta. A former employee, dressed in
    camouflage, came to the facility and fatally shot three workers and injured two others. Subsequently, a
    survivor of one of the workers killed in the shooting sued Penske, claiming that the company had been
    making threats to come to the property and hurt employees and that the company therefore had an obligation
    to protect its employees (Bluestein, 2010).

    According to OSHA (n.d.-c), homicide is the fourth-leading cause of fatal occupational injuries in the United
    States accounting for more than 400 of the workplace fatalities in 2014. Further, nearly 2 million American
    workers report having been workplace violence victims annually and many cases go unreported (OSHA, n.d.-
    c). While there is no magic way to predict where workplace violence will occur, OSHA has identified workers
    with elevated risk of being victims of violence as those who exchange money with the public, delivery drivers,
    healthcare professionals, public service workers, customer service agents, law enforcement personnel, and
    workers who work by themselves or in small groups. Additional risk factors include working in a location
    where there is the service of alcohol and working late at night or in areas with known high crime rates.

    To combat workplace violence, OSHA recommends employers establish a zero-tolerance policy covering not
    only workers, but also anyone exposed to workers in the workplace. Further, employers should assess their
    workplaces, identify risk factors, and implement methods of reducing risk. Training, too, can reduce the
    incidence of workplace violence and inform workers what concerns they should report, how to report
    concerns, and how to respond if an incident occurs.

    Clearly, establishing and maintaining a safe and healthy workplace is a goal that requires attention on a daily
    basis, not only from HR staff, but also just as importantly from managers and workers. Government entities
    such as OSHA protect workers in the workplace and require employers to provide risk reduction and safe
    work environments through education, training, and government assistance. Within organizations, employers
    must ensure management is knowledgeable about their responsibilities, as well as resources available to help
    them achieve safety goals. HR has the responsibility of keeping this critical goal in front of the members of the
    organization and avoiding complacency because just one incident can have devastating effects.

    References

    Bluestein, G. (2010, April 2). Widow: Penske warned of threats before shooting. Boston Globe.

    http://archive.boston.com/business/articles/2010/04/02/widow_penske_warned_of_threats_before_sh
    ooting/

    Bureau of Labor Statistics. (2016, October 27). Employer-reported workplace injuries and illnesses – 2015

    [News release]. U.S. Department of Labor.
    https://www.bls.gov/news.release/archives/osh_10272016.pdf

    HRM 6302, Employment Law 4

    UNIT x STUDY GUIDE
    Title

    Occupational Safety and Health Administration. (n.d.-a). Law and regulations. United States Department of
    Labor. https://www.osha.gov/law-regs.html

    Occupational Safety and Health Administration. (n.d.-b). State plans. United States Department of Labor.

    https://www.osha.gov/dcsp/osp/index.html

    Occupational Safety and Health Administration. (n.d.-c). Workplace violence. United States Department of

    Labor. https://www.osha.gov/SLTC/workplaceviolence/

    Petrides, T. H. (2016, May 19). OSHA issues new illness and injury recordkeeping rule that casts doubt upon

    commonplace employer drug testing and safety incentive policies. The National Law Review, 6(140).
    http://www.natlawreview.com/article/osha-issues-new-illness-and-injury-recordkeeping-rule-casts-
    doubt-upon-commonplace

    Pitiquen, J. (n.d.). Occupational safety (ID 24098844) [Graphic]. Dreamstime.

    https://www.dreamstime.com/stock-images-occupational-safety-image24098844

    Smith, A. (2016, October 19). Steep new penalties under OSH Act raise compliance concerns. Society for

    Human Resource Management. https://www.shrm.org/resourcesandtools/legal-and-
    compliance/employment-law/pages/osh-act-penalties.aspx

    Suggested Unit Resources

    In order to access the following resources, click the links below.

    The following PowerPoint presentation supplements the textbook chapter reading and is provided for further
    knowledge and review of the unit materials.

    Chapter 14 presentation (PowerPoint) or Chapter 14 presentation (PDF)

    Learning Activities (Nongraded)

    Nongraded Learning Activities are provided to aid students in their course of study. You do not have to submit
    them. If you have questions, contact your instructor for further guidance and information.

    At the end of each chapter of your textbook, scenario-driven questions provide legal issues and realistic
    situations that relate to employment law. Exploring these questions allows you the opportunity to further your
    understanding of the concepts in each chapter and prepares you for similar situations you may encounter in
    your workplace.

    • Review the Chapter 14 questions in your textbook on pages 592–593.

    **## EmploymentLawHRM6302UnitVIICaseStudy.docx**

    2

    Employment Law HRM 6302

    Unit VII Case Study

    Analyze the case of SeaWorld of Florida v. Perez, 2014 U.S. App. LEXIS 6660 (D.C. Cir.) located in your textbook on pp. 559-564, including the opinion of Judge Rodgers as well as the dissenting opinion of Judge (now-Supreme Court Justice) Brett Kavanaugh.

    Write a case study review of the court’s opinion that answers the questions below. Support your review with analysis and evidence from the unit reading and outside sources.

    · What are the legal issues enforced by the Occupational Safety and Health Administration (OSHA) and presented in this case? How did the plaintiff establish a valid violation under the General Duty Clause of the OSH Act? Explain how the elements of a valid claim were satisfied under the OSH Act.

    · How does OSHA enforce workplace safety and health standards?

    · Do you agree with the court’s decision? Should or could SeaWorld have done more to abate the hazard? Support your position.

    Your paper should be a minimum of five pages, not including the title and reference pages. You are required to use a minimum of three sources, one of which may be your textbook as reference material for your case study. Adhere to APA Style when constructing this assignment, including in-text citations and references for all sources that are used. Please note that no abstract is needed.

    This
    **Case Study Example** provided by the CSU Writing Center shows this type of formatting.

    **## UnitVIIStudyGuide.pdf**

    HRM 6302, Employment Law 1

    Course Learning Outcomes for Unit VII

    Upon completion of this unit, students should be able to:

    8. Evaluate the Occupational Safety and Health Administration’s (OSHA) regulatory power in the context
    of workplace safety.
    8.1 Summarize the manner in which OSHA enforces workplace safety and health standards.
    8.2 Explain the requirements of the Occupational Safety and Health (OSH) Act.
    8.3 Assess a legal case for compliance with OSHA standards.

    Required Unit Resources

    Chapter 14: Occupational Safety and Health, pp. 551–591

    Unit Lesson

    The primary objective of workplace safety is the prevention of workplace injuries, illnesses, and fatalities. In
    2014, almost 4,821 U.S. workers died from workplace injuries. There were approximately 2.9 million nonfatal
    workplace injuries and illnesses (Bureau of Labor Statistics, 2016). These incidents cost businesses huge
    sums of money and take a significant toll on the victims and their families. One death is too many, but the
    number of deaths, injuries, and illnesses has generally declined over time, due in no small measure to safety
    requirements at the federal level. Prior to the passage of the Occupational Safety and Health Act (OSH Act) in
    1970, only the common law bound employers to provide employees with a safe workplace. Further,

    UNIT VII STUDY GUIDE
    Occupational Safety and Health

    Occupational Safety
    (Pitiquen, n.d.)

    HRM 6302, Employment Law 2

    UNIT x STUDY GUIDE
    Title

    employers had several common law defenses that often enabled them to avoid liability. Employees had few
    protections from unscrupulous employers who eschewed safety for profit.

    The OSH Act covers almost all employers and employees and is critically important to those who support
    employment law compliance. Any employer in a business affecting commerce is subject to and covered by
    the OSH Act. The limited exceptions to coverage are primarily the self-employed and farms that employ only
    immediate family of the owner. Workplaces covered by other federal laws, such as the mining, nuclear,
    railroad, and airline industries, as well as state and local governments (unless otherwise permitted by state
    law) are also excluded from the OSH Act (OSHA, n.d.-a).

    The OSH Act imposes two basic requirements on employers to accomplish the goal of a safe workplace.
    First, the employer must comply with all the safety and health standards set by the U.S. Department of Labor
    (DOL). Second, the employer must furnish each of its employees a workplace free from recognized hazards
    that are causing or likely to cause death or serious physical harm.

    The Occupational Safety and Health Administration (OSHA), which falls under the DOL, is charged with
    enforcing the OSH Act. OSHA translates the basic requirements imposed on employers by the OSH Act into
    specific actions. OSHA holds employers responsible for proactively adopting safety practices, communicating
    them to employees, ensuring employees use them, monitoring working conditions, alerting employees to
    potential hazards, and reporting work-related deaths and injuries (OSHA, n.d.-a). OSHA has established
    industry standards to inform employers how to guarantee a safe and healthy workplace. The four major
    categories of OSHA standards are general, construction, maritime, and agriculture. To determine the industry
    standards an employer needs to follow, he or she must determine the appropriate industry code that applies
    to the organization within the North American Industry Classification System (NAICS).

    While some OSHA standards are specific to one industry, many of them apply across industries, such as
    standards for personal protective equipment and hazardous communication. Most employers will need to
    implement a combination of standards including the associated training and safety inspection requirements to
    be compliant. OSHA requires that employers prominently display federal workplace health and safety posters
    in their workspaces.

    To help employers navigate the requirements imposed on them, OSHA’s website contains a wealth of
    information for various types of employers, including small businesses. The site’s resources include
    interactive tools for both employers and employees. Every state has free workplace consultations available to
    small businesses that want onsite help in establishing safety and health programs. This assistance will also
    help in identifying and correcting workplace hazards. Additionally, OSHA has a network of compliance
    assistance specialists in local offices to provide tailored information and training to employers and employees.
    There are 22 states that have OSHA-approved job safety and health programs. These are operated by the
    individual states instead of adhering to federal OSHA standards. All state plans are approved and monitored
    by OSHA, and they require that state-run safety and health programs must be at least as effective as the
    federal program. If the state programs are compliant, OSHA provides as much as 50% of the funding for each
    program (OSHA, n.d.-b).

    What is the downside of lax compliance with OSHA requirements? After years of a legal anomaly that
    prevented OSHA from increasing penalties, in 2016, Congress passed legislation that allowed the agency to
    adjust penalties to more appropriate and modern levels. Serious violations of the law increased from $7,000
    to $12,471 per violation. Failure to abate dangerous or hazardous conditions rose from $7,000 to $12,471 per
    date after the date recorded on an OSHA citation for correction of the violation. In addition, willful or repeated
    violations increased from $70,000 to $124,709 per violation (Smith, 2016).

    In 2016, OSHA released new injury and illness reporting rules that change the way employers have long done
    business and in an unusual twist, call into question employers’ drug testing practices after accidents.
    Traditionally, employers track and maintain injury information internally, though fatalities and serious injuries
    must be reported to OSHA immediately. The new rule, however, requires electronic submission of the
    information by the employer annually to OSHA. In turn, OSHA will then publish the data online for anyone to
    access. There are also new requirements related to employee involvement in employer recordkeeping
    practices and the prevention of discrimination and retaliation. Employers must inform each employee how to
    properly report a work-related injury or illness. Further, employers must establish a reasonable procedure for
    employee reporting. A process is not reasonable if it would prevent or discourage a reasonable employee

    HRM 6302, Employment Law 3

    UNIT x STUDY GUIDE
    Title

    from correctly reporting a workplace injury or illness. Employers must inform employees of their right to report
    injuries and illnesses and inform them that they cannot be fired or discriminated against for reporting
    (Petrides, 2016).

    The twist is the impact on employer drug testing policies. In conjunction with this new rule, OSHA announced
    that policies that call for across-the-board testing after an accident deter employees from reporting injuries
    and may not be reasonable. OSHA indicates that employers should engage in post-injury drug testing only
    when there is a reasonable potential that drug use by the reporting employee contributed to the injury or
    illness and further, only when the test can precisely indicate that impairment was caused by the use of drugs
    (Petrides, 2016). This guidance does not appear to prevent testing where there are facts that support that
    drugs could have contributed to the incident, such as slurred speech, glazed eyes, stupor, or other signs
    generally associated with drug or alcohol intoxication. Beyond this, it may be a challenge to determine when it
    is appropriate to drug test employees following reported accidents, injuries, and illnesses.

    Workplace violence is an area that can affect all employers and has increasingly been in the forefront of
    OSHA’s attention. Workplace violence is any act or threat of physical violence, harassment, intimidation, or
    other threatening disruptive behavior that occurs at the workplace. It includes a wide range of actions from
    threats and verbal abuse to physical assaults and even homicide (OSHA, n.d.-c). It can affect and involve
    employees, clients, customers, and visitors. Among many incidents is one in 2010, which occurred as two
    dozen employees worked at a Penske truck rental facility near Atlanta. A former employee, dressed in
    camouflage, came to the facility and fatally shot three workers and injured two others. Subsequently, a
    survivor of one of the workers killed in the shooting sued Penske, claiming that the company had been
    making threats to come to the property and hurt employees and that the company therefore had an obligation
    to protect its employees (Bluestein, 2010).

    According to OSHA (n.d.-c), homicide is the fourth-leading cause of fatal occupational injuries in the United
    States accounting for more than 400 of the workplace fatalities in 2014. Further, nearly 2 million American
    workers report having been workplace violence victims annually and many cases go unreported (OSHA, n.d.-
    c). While there is no magic way to predict where workplace violence will occur, OSHA has identified workers
    with elevated risk of being victims of violence as those who exchange money with the public, delivery drivers,
    healthcare professionals, public service workers, customer service agents, law enforcement personnel, and
    workers who work by themselves or in small groups. Additional risk factors include working in a location
    where there is the service of alcohol and working late at night or in areas with known high crime rates.

    To combat workplace violence, OSHA recommends employers establish a zero-tolerance policy covering not
    only workers, but also anyone exposed to workers in the workplace. Further, employers should assess their
    workplaces, identify risk factors, and implement methods of reducing risk. Training, too, can reduce the
    incidence of workplace violence and inform workers what concerns they should report, how to report
    concerns, and how to respond if an incident occurs.

    Clearly, establishing and maintaining a safe and healthy workplace is a goal that requires attention on a daily
    basis, not only from HR staff, but also just as importantly from managers and workers. Government entities
    such as OSHA protect workers in the workplace and require employers to provide risk reduction and safe
    work environments through education, training, and government assistance. Within organizations, employers
    must ensure management is knowledgeable about their responsibilities, as well as resources available to help
    them achieve safety goals. HR has the responsibility of keeping this critical goal in front of the members of the
    organization and avoiding complacency because just one incident can have devastating effects.

    References

    Bluestein, G. (2010, April 2). Widow: Penske warned of threats before shooting. Boston Globe.

    http://archive.boston.com/business/articles/2010/04/02/widow_penske_warned_of_threats_before_sh
    ooting/

    Bureau of Labor Statistics. (2016, October 27). Employer-reported workplace injuries and illnesses – 2015

    [News release]. U.S. Department of Labor.
    https://www.bls.gov/news.release/archives/osh_10272016.pdf

    HRM 6302, Employment Law 4

    UNIT x STUDY GUIDE
    Title

    Occupational Safety and Health Administration. (n.d.-a). Law and regulations. United States Department of
    Labor. https://www.osha.gov/law-regs.html

    Occupational Safety and Health Administration. (n.d.-b). State plans. United States Department of Labor.

    https://www.osha.gov/dcsp/osp/index.html

    Occupational Safety and Health Administration. (n.d.-c). Workplace violence. United States Department of

    Labor. https://www.osha.gov/SLTC/workplaceviolence/

    Petrides, T. H. (2016, May 19). OSHA issues new illness and injury recordkeeping rule that casts doubt upon

    commonplace employer drug testing and safety incentive policies. The National Law Review, 6(140).
    http://www.natlawreview.com/article/osha-issues-new-illness-and-injury-recordkeeping-rule-casts-
    doubt-upon-commonplace

    Pitiquen, J. (n.d.). Occupational safety (ID 24098844) [Graphic]. Dreamstime.

    https://www.dreamstime.com/stock-images-occupational-safety-image24098844

    Smith, A. (2016, October 19). Steep new penalties under OSH Act raise compliance concerns. Society for

    Human Resource Management. https://www.shrm.org/resourcesandtools/legal-and-
    compliance/employment-law/pages/osh-act-penalties.aspx

    Suggested Unit Resources

    In order to access the following resources, click the links below.

    The following PowerPoint presentation supplements the textbook chapter reading and is provided for further
    knowledge and review of the unit materials.

    Chapter 14 presentation (PowerPoint) or Chapter 14 presentation (PDF)

    Learning Activities (Nongraded)

    Nongraded Learning Activities are provided to aid students in their course of study. You do not have to submit
    them. If you have questions, contact your instructor for further guidance and information.

    At the end of each chapter of your textbook, scenario-driven questions provide legal issues and realistic
    situations that relate to employment law. Exploring these questions allows you the opportunity to further your
    understanding of the concepts in each chapter and prepares you for similar situations you may encounter in
    your workplace.

    • Review the Chapter 14 questions in your textbook on pages 592–593.

    **## EmploymentLawHRM6302UnitVIICaseStudy.docx**

    2

    Employment Law HRM 6302

    Unit VII Case Study

    Analyze the case of SeaWorld of Florida v. Perez, 2014 U.S. App. LEXIS 6660 (D.C. Cir.) located in your textbook on pp. 559-564, including the opinion of Judge Rodgers as well as the dissenting opinion of Judge (now-Supreme Court Justice) Brett Kavanaugh.

    Write a case study review of the court’s opinion that answers the questions below. Support your review with analysis and evidence from the unit reading and outside sources.

    · What are the legal issues enforced by the Occupational Safety and Health Administration (OSHA) and presented in this case? How did the plaintiff establish a valid violation under the General Duty Clause of the OSH Act? Explain how the elements of a valid claim were satisfied under the OSH Act.

    · How does OSHA enforce workplace safety and health standards?

    · Do you agree with the court’s decision? Should or could SeaWorld have done more to abate the hazard? Support your position.

    Your paper should be a minimum of five pages, not including the title and reference pages. You are required to use a minimum of three sources, one of which may be your textbook as reference material for your case study. Adhere to APA Style when constructing this assignment, including in-text citations and references for all sources that are used. Please note that no abstract is needed.

    This
    **Case Study Example** provided by the CSU Writing Center shows this type of formatting.

    **## UnitVIIStudyGuide.pdf**

    HRM 6302, Employment Law 1

    Course Learning Outcomes for Unit VII

    Upon completion of this unit, students should be able to:

    8. Evaluate the Occupational Safety and Health Administration’s (OSHA) regulatory power in the context
    of workplace safety.
    8.1 Summarize the manner in which OSHA enforces workplace safety and health standards.
    8.2 Explain the requirements of the Occupational Safety and Health (OSH) Act.
    8.3 Assess a legal case for compliance with OSHA standards.

    Required Unit Resources

    Chapter 14: Occupational Safety and Health, pp. 551–591

    Unit Lesson

    The primary objective of workplace safety is the prevention of workplace injuries, illnesses, and fatalities. In
    2014, almost 4,821 U.S. workers died from workplace injuries. There were approximately 2.9 million nonfatal
    workplace injuries and illnesses (Bureau of Labor Statistics, 2016). These incidents cost businesses huge
    sums of money and take a significant toll on the victims and their families. One death is too many, but the
    number of deaths, injuries, and illnesses has generally declined over time, due in no small measure to safety
    requirements at the federal level. Prior to the passage of the Occupational Safety and Health Act (OSH Act) in
    1970, only the common law bound employers to provide employees with a safe workplace. Further,

    UNIT VII STUDY GUIDE
    Occupational Safety and Health

    Occupational Safety
    (Pitiquen, n.d.)

    HRM 6302, Employment Law 2

    UNIT x STUDY GUIDE
    Title

    employers had several common law defenses that often enabled them to avoid liability. Employees had few
    protections from unscrupulous employers who eschewed safety for profit.

    The OSH Act covers almost all employers and employees and is critically important to those who support
    employment law compliance. Any employer in a business affecting commerce is subject to and covered by
    the OSH Act. The limited exceptions to coverage are primarily the self-employed and farms that employ only
    immediate family of the owner. Workplaces covered by other federal laws, such as the mining, nuclear,
    railroad, and airline industries, as well as state and local governments (unless otherwise permitted by state
    law) are also excluded from the OSH Act (OSHA, n.d.-a).

    The OSH Act imposes two basic requirements on employers to accomplish the goal of a safe workplace.
    First, the employer must comply with all the safety and health standards set by the U.S. Department of Labor
    (DOL). Second, the employer must furnish each of its employees a workplace free from recognized hazards
    that are causing or likely to cause death or serious physical harm.

    The Occupational Safety and Health Administration (OSHA), which falls under the DOL, is charged with
    enforcing the OSH Act. OSHA translates the basic requirements imposed on employers by the OSH Act into
    specific actions. OSHA holds employers responsible for proactively adopting safety practices, communicating
    them to employees, ensuring employees use them, monitoring working conditions, alerting employees to
    potential hazards, and reporting work-related deaths and injuries (OSHA, n.d.-a). OSHA has established
    industry standards to inform employers how to guarantee a safe and healthy workplace. The four major
    categories of OSHA standards are general, construction, maritime, and agriculture. To determine the industry
    standards an employer needs to follow, he or she must determine the appropriate industry code that applies
    to the organization within the North American Industry Classification System (NAICS).

    While some OSHA standards are specific to one industry, many of them apply across industries, such as
    standards for personal protective equipment and hazardous communication. Most employers will need to
    implement a combination of standards including the associated training and safety inspection requirements to
    be compliant. OSHA requires that employers prominently display federal workplace health and safety posters
    in their workspaces.

    To help employers navigate the requirements imposed on them, OSHA’s website contains a wealth of
    information for various types of employers, including small businesses. The site’s resources include
    interactive tools for both employers and employees. Every state has free workplace consultations available to
    small businesses that want onsite help in establishing safety and health programs. This assistance will also
    help in identifying and correcting workplace hazards. Additionally, OSHA has a network of compliance
    assistance specialists in local offices to provide tailored information and training to employers and employees.
    There are 22 states that have OSHA-approved job safety and health programs. These are operated by the
    individual states instead of adhering to federal OSHA standards. All state plans are approved and monitored
    by OSHA, and they require that state-run safety and health programs must be at least as effective as the
    federal program. If the state programs are compliant, OSHA provides as much as 50% of the funding for each
    program (OSHA, n.d.-b).

    What is the downside of lax compliance with OSHA requirements? After years of a legal anomaly that
    prevented OSHA from increasing penalties, in 2016, Congress passed legislation that allowed the agency to
    adjust penalties to more appropriate and modern levels. Serious violations of the law increased from $7,000
    to $12,471 per violation. Failure to abate dangerous or hazardous conditions rose from $7,000 to $12,471 per
    date after the date recorded on an OSHA citation for correction of the violation. In addition, willful or repeated
    violations increased from $70,000 to $124,709 per violation (Smith, 2016).

    In 2016, OSHA released new injury and illness reporting rules that change the way employers have long done
    business and in an unusual twist, call into question employers’ drug testing practices after accidents.
    Traditionally, employers track and maintain injury information internally, though fatalities and serious injuries
    must be reported to OSHA immediately. The new rule, however, requires electronic submission of the
    information by the employer annually to OSHA. In turn, OSHA will then publish the data online for anyone to
    access. There are also new requirements related to employee involvement in employer recordkeeping
    practices and the prevention of discrimination and retaliation. Employers must inform each employee how to
    properly report a work-related injury or illness. Further, employers must establish a reasonable procedure for
    employee reporting. A process is not reasonable if it would prevent or discourage a reasonable employee

    HRM 6302, Employment Law 3

    UNIT x STUDY GUIDE
    Title

    from correctly reporting a workplace injury or illness. Employers must inform employees of their right to report
    injuries and illnesses and inform them that they cannot be fired or discriminated against for reporting
    (Petrides, 2016).

    The twist is the impact on employer drug testing policies. In conjunction with this new rule, OSHA announced
    that policies that call for across-the-board testing after an accident deter employees from reporting injuries
    and may not be reasonable. OSHA indicates that employers should engage in post-injury drug testing only
    when there is a reasonable potential that drug use by the reporting employee contributed to the injury or
    illness and further, only when the test can precisely indicate that impairment was caused by the use of drugs
    (Petrides, 2016). This guidance does not appear to prevent testing where there are facts that support that
    drugs could have contributed to the incident, such as slurred speech, glazed eyes, stupor, or other signs
    generally associated with drug or alcohol intoxication. Beyond this, it may be a challenge to determine when it
    is appropriate to drug test employees following reported accidents, injuries, and illnesses.

    Workplace violence is an area that can affect all employers and has increasingly been in the forefront of
    OSHA’s attention. Workplace violence is any act or threat of physical violence, harassment, intimidation, or
    other threatening disruptive behavior that occurs at the workplace. It includes a wide range of actions from
    threats and verbal abuse to physical assaults and even homicide (OSHA, n.d.-c). It can affect and involve
    employees, clients, customers, and visitors. Among many incidents is one in 2010, which occurred as two
    dozen employees worked at a Penske truck rental facility near Atlanta. A former employee, dressed in
    camouflage, came to the facility and fatally shot three workers and injured two others. Subsequently, a
    survivor of one of the workers killed in the shooting sued Penske, claiming that the company had been
    making threats to come to the property and hurt employees and that the company therefore had an obligation
    to protect its employees (Bluestein, 2010).

    According to OSHA (n.d.-c), homicide is the fourth-leading cause of fatal occupational injuries in the United
    States accounting for more than 400 of the workplace fatalities in 2014. Further, nearly 2 million American
    workers report having been workplace violence victims annually and many cases go unreported (OSHA, n.d.-
    c). While there is no magic way to predict where workplace violence will occur, OSHA has identified workers
    with elevated risk of being victims of violence as those who exchange money with the public, delivery drivers,
    healthcare professionals, public service workers, customer service agents, law enforcement personnel, and
    workers who work by themselves or in small groups. Additional risk factors include working in a location
    where there is the service of alcohol and working late at night or in areas with known high crime rates.

    To combat workplace violence, OSHA recommends employers establish a zero-tolerance policy covering not
    only workers, but also anyone exposed to workers in the workplace. Further, employers should assess their
    workplaces, identify risk factors, and implement methods of reducing risk. Training, too, can reduce the
    incidence of workplace violence and inform workers what concerns they should report, how to report
    concerns, and how to respond if an incident occurs.

    Clearly, establishing and maintaining a safe and healthy workplace is a goal that requires attention on a daily
    basis, not only from HR staff, but also just as importantly from managers and workers. Government entities
    such as OSHA protect workers in the workplace and require employers to provide risk reduction and safe
    work environments through education, training, and government assistance. Within organizations, employers
    must ensure management is knowledgeable about their responsibilities, as well as resources available to help
    them achieve safety goals. HR has the responsibility of keeping this critical goal in front of the members of the
    organization and avoiding complacency because just one incident can have devastating effects.

    References

    Bluestein, G. (2010, April 2). Widow: Penske warned of threats before shooting. Boston Globe.

    http://archive.boston.com/business/articles/2010/04/02/widow_penske_warned_of_threats_before_sh
    ooting/

    Bureau of Labor Statistics. (2016, October 27). Employer-reported workplace injuries and illnesses – 2015

    [News release]. U.S. Department of Labor.
    https://www.bls.gov/news.release/archives/osh_10272016.pdf

    HRM 6302, Employment Law 4

    UNIT x STUDY GUIDE
    Title

    Occupational Safety and Health Administration. (n.d.-a). Law and regulations. United States Department of
    Labor. https://www.osha.gov/law-regs.html

    Occupational Safety and Health Administration. (n.d.-b). State plans. United States Department of Labor.

    https://www.osha.gov/dcsp/osp/index.html

    Occupational Safety and Health Administration. (n.d.-c). Workplace violence. United States Department of

    Labor. https://www.osha.gov/SLTC/workplaceviolence/

    Petrides, T. H. (2016, May 19). OSHA issues new illness and injury recordkeeping rule that casts doubt upon

    commonplace employer drug testing and safety incentive policies. The National Law Review, 6(140).
    http://www.natlawreview.com/article/osha-issues-new-illness-and-injury-recordkeeping-rule-casts-
    doubt-upon-commonplace

    Pitiquen, J. (n.d.). Occupational safety (ID 24098844) [Graphic]. Dreamstime.

    https://www.dreamstime.com/stock-images-occupational-safety-image24098844

    Smith, A. (2016, October 19). Steep new penalties under OSH Act raise compliance concerns. Society for

    Human Resource Management. https://www.shrm.org/resourcesandtools/legal-and-
    compliance/employment-law/pages/osh-act-penalties.aspx

    Suggested Unit Resources

    In order to access the following resources, click the links below.

    The following PowerPoint presentation supplements the textbook chapter reading and is provided for further
    knowledge and review of the unit materials.

    Chapter 14 presentation (PowerPoint) or Chapter 14 presentation (PDF)

    Learning Activities (Nongraded)

    Nongraded Learning Activities are provided to aid students in their course of study. You do not have to submit
    them. If you have questions, contact your instructor for further guidance and information.

    At the end of each chapter of your textbook, scenario-driven questions provide legal issues and realistic
    situations that relate to employment law. Exploring these questions allows you the opportunity to further your
    understanding of the concepts in each chapter and prepares you for similar situations you may encounter in
    your workplace.

    • Review the Chapter 14 questions in your textbook on pages 592–593.

    – 1
    – 2

  • [Solved] week 4

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    instructions attached – ## week4.pdf **## week4.pdf** To receive full credit: (1) make sure to complete your posts by the deadline; (2) note at the end of your initial post the word count (should be at least 450 words); (3) write responses to at least two other student and (4) please don't re-type t…

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    instructions attached

    – ## week4.pdf

    **## week4.pdf**

    To receive full credit: (1) make sure to complete your posts by the deadline; (2) note at
    the end of your initial post the word count (should be at least 450 words); (3) write
    responses to at least two other student and (4) please don't re-type the discussion
    forum questions in your answer.

    Discussion Forum Questions:

    1, According to FDR in 1937 and AFL-CIO leader George Meany in 1955, unions and
    collective bargaining do not belong in the public sector. What is /was the basis for their
    taking this position and do you agree with it?

    2. According to the ‘History of Public Sector Unions reading,’ what is the “social-justice”
    approach to union organizing and how was demonstrated in terms of public sector
    organizing examples discussed in the article?

    3. Using Google and/or ChatGPT resources, what can you find out about the history of
    collective bargaining of California Public Employees? Explain.

    Reading:
    https://www.labornotes.org/2018/06/five-lessons-history-public-sector-unions
    https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-bannin
    g-public-unions-from-collective-bargaining/

    Videos:
    https://www.youtube.com/watch?v=cRhY5MLPiHo
    https://www.youtube.com/watch?v=xycy1aNZBzc
    https://www.youtube.com/watch?v=0jzB6TQuV3M
    https://www.youtube.com/watch?v=FYqcIVLC3D0
    https://www.youtube.com/watch?v=cnBBAJrQem4

    [https://www.labornotes.org/2018/06/five-lessons-history-public-sector-unions](https://www.labornotes.org/2018/06/five-lessons-history-public-sector-unions)

    [https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-banning-public-unions-from-collective-bargaining/](https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-banning-public-unions-from-collective-bargaining/)

    [https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-banning-public-unions-from-collective-bargaining/](https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-banning-public-unions-from-collective-bargaining/)

    [https://www.youtube.com/watch?v=cRhY5MLPiHo](https://www.youtube.com/watch?v=cRhY5MLPiHo)

    [https://www.youtube.com/watch?v=xycy1aNZBzc](https://www.youtube.com/watch?v=xycy1aNZBzc)

    [https://www.youtube.com/watch?v=0jzB6TQuV3M](https://www.youtube.com/watch?v=0jzB6TQuV3M)

    [https://www.youtube.com/watch?v=FYqcIVLC3D0](https://www.youtube.com/watch?v=FYqcIVLC3D0)

    [https://www.youtube.com/watch?v=cnBBAJrQem4](https://www.youtube.com/watch?v=cnBBAJrQem4)

    **## week4.pdf**

    To receive full credit: (1) make sure to complete your posts by the deadline; (2) note at
    the end of your initial post the word count (should be at least 450 words); (3) write
    responses to at least two other student and (4) please don't re-type the discussion
    forum questions in your answer.

    Discussion Forum Questions:

    1, According to FDR in 1937 and AFL-CIO leader George Meany in 1955, unions and
    collective bargaining do not belong in the public sector. What is /was the basis for their
    taking this position and do you agree with it?

    2. According to the ‘History of Public Sector Unions reading,’ what is the “social-justice”
    approach to union organizing and how was demonstrated in terms of public sector
    organizing examples discussed in the article?

    3. Using Google and/or ChatGPT resources, what can you find out about the history of
    collective bargaining of California Public Employees? Explain.

    Reading:
    https://www.labornotes.org/2018/06/five-lessons-history-public-sector-unions
    https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-bannin
    g-public-unions-from-collective-bargaining/

    Videos:
    https://www.youtube.com/watch?v=cRhY5MLPiHo
    https://www.youtube.com/watch?v=xycy1aNZBzc
    https://www.youtube.com/watch?v=0jzB6TQuV3M
    https://www.youtube.com/watch?v=FYqcIVLC3D0
    https://www.youtube.com/watch?v=cnBBAJrQem4

    [https://www.labornotes.org/2018/06/five-lessons-history-public-sector-unions](https://www.labornotes.org/2018/06/five-lessons-history-public-sector-unions)

    [https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-banning-public-unions-from-collective-bargaining/](https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-banning-public-unions-from-collective-bargaining/)

    [https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-banning-public-unions-from-collective-bargaining/](https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-banning-public-unions-from-collective-bargaining/)

    [https://www.youtube.com/watch?v=cRhY5MLPiHo](https://www.youtube.com/watch?v=cRhY5MLPiHo)

    [https://www.youtube.com/watch?v=xycy1aNZBzc](https://www.youtube.com/watch?v=xycy1aNZBzc)

    [https://www.youtube.com/watch?v=0jzB6TQuV3M](https://www.youtube.com/watch?v=0jzB6TQuV3M)

    [https://www.youtube.com/watch?v=FYqcIVLC3D0](https://www.youtube.com/watch?v=FYqcIVLC3D0)

    [https://www.youtube.com/watch?v=cnBBAJrQem4](https://www.youtube.com/watch?v=cnBBAJrQem4)

  • [Solved] managing chance

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    In-depth study guidance and analytical solution covering managing chance.

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    Full assignment prompt and step-by-step guidance are included in the downloadable solution file.

  • [Solved] HCAD 640

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    Select a real HC organization of your choice. Examine its form of business and ownership model and analyze its business environment in terms of the local, state, and regional economic factors affecting the rise of organizational costs. In addition, consider some of the emerging business models and t…

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    Select a real HC organization of your choice. Examine its form of business and ownership model and analyze its business environment in terms of the local, state, and regional economic factors affecting the rise of organizational costs. In addition, consider some of the emerging business models and technologies that are entering the healthcare marketplace. Could any of them improve your organization’s financial position if applied? Why do you think so? Offer one or two evidentiary points to support your ideas.
    – Healthcare      Finance News: [https://www.healthcarefinancenews.com/](http://www.healthcarefinancenews.com/)
    – Modern      Healthcare – Finance: [https://www.modernhealthcare.com/finance](http://www.modernhealthcare.com/finance)

  • [Solved] grammer

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    Read and watch sections [GB 4 of our textbookLinks to an external site.](https://mytext.cnm.edu/lesson/gb4-structure-of-a-sentence/). [GB4: Structure of a Sentence – myText CNM](https://mytext.cnm.edu/lesson/gb4-structure-of-a-sentence/) Sections 1-2 should be review for you. Take notes on GB 3 and …

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    Read and watch sections [GB 4 of our textbookLinks to an external site.](https://mytext.cnm.edu/lesson/gb4-structure-of-a-sentence/).    [GB4: Structure of a Sentence – myText CNM](https://mytext.cnm.edu/lesson/gb4-structure-of-a-sentence/) Sections 1-2 should be review for you.  Take notes on GB 3 and GB4 using [this form](https://cerritos.instructure.com/courses/97767/files/13355140?wrap=1 "Cornell Notes Template 02.doc") [Download this form](https://cerritos.instructure.com/courses/97767/files/13355140/download?download_frd=1). This means you will have at least 4 main points that you write and at least 2 questions for each section. Once you done, upload the completed form as an attachment to this assignment.
    Sentence structure, especially sentence variety in your writing will be part of what we will work on this semester. Make sure you understand the different types of sentences. Here is another [handout](https://cerritos.instructure.com/courses/97767/files/13355149?wrap=1 "SENTENCE TYPES 152.docx") [Download handout](https://cerritos.instructure.com/courses/97767/files/13355149/download?download_frd=1) which explains sentence structure and types of sentences.
    template attached
    sentences form attached
    \
    CornellNotesTemplate02.doc](https://www.sweetstudy.com/files/cornellnotestemplate02-doc "CornellNotesTemplate02.doc")
    \
    SENTENCEhandout.docx](https://www.sweetstudy.com/files/sentencehandout-docx "SENTENCEhandout.docx")

  • [Solved] practice 1

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    _**Here are the instructions for the practice : Write an 750-1000 words answering this question, are you experiences similar to or different from Amy Tan's in "Mother Tongue?"**_ Have 5 paragraphs (and introduction, 3 body paragraphs, and a conclusion). Have your thesis ("my experiences are similar/…

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    _**Here are the instructions for the practice : Write an  750-1000 words answering this question, are you experiences similar to or different from Amy Tan's in "Mother Tongue?"**_
    Have 5 paragraphs (and introduction, 3 body paragraphs, and a conclusion).
    Have your thesis ("my experiences are similar/ different") as the last sentence of the introduction.
    Use the "burger method" for your body paragraphs. Have a topic sentence, the quote you chose from the article, an explanation of that quote, and then the example from your life. Be sure to explain how these experiences are either similar or different.
    In your conclusion, summarize your main points.
    I attached template
    \
    Pre-readingTan11.docx](https://www.sweetstudy.com/files/pre-readingtan11-docx "Pre-readingTan11.docx")

  • [Solved] english california

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    ## English-Only in California ## 'A HUGE SHIFT': HOW CALIFORNIA IS MAKING UP FOR 20 YEARS OF ENGLISH-ONLY EDUCATION Half of California's children come from immigrant families, and educating them well is crucial to the state's future. New programs in Fresno offer reasons for hope. [SARAH JACKSONLinks…

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    ## English-Only in California
    ## 'A HUGE SHIFT': HOW CALIFORNIA IS MAKING UP FOR 20 YEARS OF ENGLISH-ONLY EDUCATION
    Half of California's children come from immigrant families, and educating them well is crucial to the state's future. New programs in Fresno offer reasons for hope. [SARAH JACKSONLinks to an external site.](https://psmag.com/author/sarah-jackson) MAY 3, 2019![An elementary classroom in the two-way bilingual immersion program at Ann Leavenworth School in Fresno, California. The program starts in preschool and continues through sixth grade, aiming to develop high-level bilingual proficiency and biliteracy in English and Spanish.](https://psmag.com/.image/t_share/MTYzNjQyMTU2NDkyMjY4OTcx/44983277815_8183f5b841_o.jpg)
    Bong Bai Thao spent her kindergarten year in silence. At school, she didn't speak at all—not when asked a question by a teacher, not when playing games with other children in the yard. Her teachers, concerned, ordered testing to rule out developmental delays.
    Turns out that Thao, the child of Hmong parents who had immigrated from rural Thailand, had endured painful teasing when she first started school in Southern California in the mid-1990s. Her classmates used racial slurs and mocked her accent.
    "That teasing stayed with me," she says as an adult today. "I didn't want to stand out. I was trying to be invisible."
    Now a kindergarten teacher herself, overseeing immigrant students who come from families much like her own, Thao does everything in her power to make sure her young students are seen and heard. She is a graduate of the Fresno Unified School District's [Teacher Residency ProgramLinks to an external site.](https://www.newamerica.org/education-policy/edcentral/we-knew-we-had-grow-our-own/), one of several new initiatives designed to help teachers like her create the kind of classroom environment that research [showsLinks to an external site.](https://eric.ed.gov/?id=EJ1089854) children from immigrant families need to be successful.
    Today, half of school-age children in California are the children of [immigrantsLinks to an external site.](https://www.migrationpolicy.org/data/state-profiles/state/demographics/CA), many of whom are [native-bornLinks to an external site.](https://www.ppic.org/publication/californias-english-learner-students/). Sixty percent of children five and under in the state [speak a language other than EnglishLinks to an external site.](http://healthpolicy.ucla.edu/publications/Documents/PDF/2017/Child_PB_FINAL_5-31-17.pdf) at home. And data [showsLinks to an external site.](https://29v0kg31gs803wndhe1sj1hd-wpengine.netdna-ssl.com/wp-content/uploads/sites/3/2015/11/ETW_MajorityReport.FINAL-11.3.17.pdf) that, unlike Thao, too many of these students do not manage to move past early negative experiences in the state's public schools. Children classified as "English Learners" [fall behindLinks to an external site.](https://www.cde.ca.gov/nr/ne/yr18/yr18rel62.asp) on state testing. And Latino students, who make up around 55 percent of the kids in the state's public schools today, are the [least likelyLinks to an external site.](https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=CF) of any group to get a college degree.
    "California is the fifth-largest economy in the world," says [Patricia GandaraLinks to an external site.](https://www.civilrightsproject.ucla.edu/about-us/staff/patricia-gandara-ph.d), professor at the University of California–Los Angeles and co-director of the school's Civil Rights Project. "We are a huge economy and yet we are putting it all at risk by under-educating this largest portion of our population."
    As Governor Gavin Newsom lavishes [attentionLinks to an external site.](https://www.latimes.com/politics/la-pol-ca-governor-race-gavin-newsom-education-20181103-story.html) on, and [proposesLinks to an external site.](http://www.ebudget.ca.gov/2019-20/pdf/BudgetSummary/EarlyChildhood.pdf) increased funding for, early care and education programs across the state, observers like Gandara will be watching to see whether the administration demonstrates an adequate understanding of the needs of young immigrant students and their families. Is the state ready to invest in initiatives like those in Fresno? Could Thao's experience become the norm, instead of the exception?
    California set the stage for a new approach to educating children from immigrant families in 2016 with the passage of [Proposition 58Links to an external site.](https://ballotpedia.org/California_Proposition_58,_Non-English_Languages_Allowed_in_Public_Education_(2016)), which repealed the state's 20-year-old English-only education law. The old law changed how children learning English as a second language were taught in California's public schools, mandating that these students be taught only in English and all but eliminating bilingual education programs in most schools.
    The 2016 repeal, advocates hoped, would usher in a new era of progressive education for students from immigrant families, one that would finally give students access to strong literacy and language instruction in both English and their home language, and that would allow students to reap the benefits of bilingual proficiency and diversity.
    "The celebration that year was amazing," says [Vickie Ramos HarrisLinks to an external site.](https://www.advancementprojectca.org/who-we-are/staff/vickie-ramos-harris/), associate director of Education Equity and Policy at the Advancement Project California, a civil rights group that advocates for equity in California's schools. "It was this really interesting spirit of camaraderie and release, to finally have a state policy aligned with what we know is best for kids."
    California has an [embattled historyLinks to an external site.](http://www.laurieolsen.com/uploads/2/5/4/9/25499564/timeline_for_cabe_jgc3.pdf) of teaching immigrant students. It is a history that includes court fights, as when Chinese-American parents sued the San Francisco Public school system because their children couldn't comprehend classes taught only in English. This history also includes segregation and remedial tracking—policies that the Chicano student movement [protestedLinks to an external site.](https://www.latimes.com/nation/la-na-1968-east-la-walkouts-20180301-htmlstory.html) in the 1960s.
    Speak to adults from immigrant families who grew up attending California's public schools during the 1970s and '80s, and you'll hear their stories of being punished for speaking Spanish to their friends at school, of teachers assuming they had cognitive delays, and of their being unable to access the full range of the curriculum because of language barriers.
    Educators who lived through the years of the state's English-only education policies speak about the fear they felt using any Spanish at all in their classrooms, even when they knew it was the way some of their students learned best. Bilingual education was dismissed at the time as a " [failed modelLinks to an external site.](https://www.nytimes.com/1998/01/13/opinion/its-time-to-abandon-bilingual-education.html)." Administrators recall bilingual books being locked away in school basements and their great sadness in having to dismantle bilingual teaching programs that they'd found to be successful.
    Maria Maldonado, assistant superintendent for [English Learner ServicesLinks to an external site.](https://www.fresnounified.org/dept/els) in Fresno, remembers those years all too well. Maldonado came to the United States from Mexico at the age of 13 after both her parents died. She came speaking no English. She and her six siblings lived with an uncle in Fresno at first, and then on their own. In middle and high school, Maldonado attended Fresno Public Schools, where teachers told her more than once not to speak Spanish. "You are in America now," they said.
    Today, Maldonado is helping lead the charge to expand bilingual and dual-immersion programs in the district in the wake of Prop 58, and to strengthen instruction for students from immigrant families, who make up at least 50 percent of the students in Fresno Unified. She also leans on a growing [baseLinks to an external site.](http://www.nationalacademies.org/hmd/Reports/2017/promoting-the-educational-success-of-children-and-youth-learning-English.aspx) of research showing that development of both home language and English are important for academic success, and on California's new [English Learner RoadmapLinks to an external site.](https://www.cde.ca.gov/sp/el/rm/), a policy released in 2017 designed to enhance the state's standards for English-language development. Children in Fresno speak upwards of 50 different languages, and 33 percent of kindergarteners in Fresno Unified are dual-language learners, [according to the local school districtLinks to an external site.](https://s3.amazonaws.com/newamericadotorg/documents/Fresno_Final_Web_v3.pdf).
    "In every one of these students I see myself," Maldonado says.
    The school district has been beefing up its bilingual programs over the past few years, expanding into middle and high schools and opening dual-instruction models at seven new schools this fall, including one with instruction in Hmong, only the second such program in the state. Four years ago, Maldonado started a laboratory program for schools interested in trying out new practices to strengthen language development, which she says is beneficial to all students—not just those whose first language isn't English.
    "Our entire success as a city and as a region is going to depend on how these kids turn out," says Elizabeth Jonasson Rosas, a Fresno Unified School Board Member. "It is not just one school district, one classroom, one school; it's how we all contribute to the success of these kids."
    Increasing investments in early childhood—one of Newsom's favorite [issuesLinks to an external site.](https://www.sfchronicle.com/opinion/editorials/article/Editorial-Gavin-Newsom-s-big-bet-on-early-13510397.php)—is a key part of Fresno Unified's strategy. The school district began shifting its resources toward students of younger ages in 2011 and has since has attracted increased investment from philanthropic organizations. The David and Lucile Packard Foundation is investing $500,000 a year for 10 years to help ensure that children in the community are well prepared to succeed when they arrive in kindergarten. The money has helped fund new pre-K classrooms and expand transitional kindergarten programs, a new grade level [createdLinks to an external site.](https://www.newamerica.org/education-policy/edcentral/taking-look-transitional-kindergarten-california/) in California's public schools in 2010. Overall, these increased investments in early childhood have included work to improve instruction for young dual-language learners in the region.
    What's more, Fresno Unified is collaborating on a community-wide training project to strengthen how adults in the city of Fresno work with young children from immigrant families. The collaboration, which has attracted attention (and eventually a grant) from state education officials, brings together adults who work with young children from around the community for a series of collaborative professional development sessions on Saturday mornings. Along with teachers and administrators from the school district, participants include teachers from Head Start, home care providers, and others.
    The sessions focus on language instruction, based partly on work by Linda Espinosa, author of [_Getting It RIGHT for Young Children From Diverse Backgrounds_Links to an external site.](https://www.amazon.com/Getting-RIGHT-Children-Diverse-Backgrounds/dp/013222416X/182-8948093-9711718?ie=UTF8&*Version*=1&*entries*=0) _,_ who advocates strategies to promote oral language development in the classroom. Espinosa's approach includes a focus on the value of linguistic and cultural diversity, and on family engagement.
    Last year, the collaboration received money from the California Department of Education to scale the model in the Central Valley and to conduct its "train the trainer" sessions statewide. The money comes as part of a suite of investments the state has made in training teachers of young dual-language learners.
    Last year, California's (now former) State Superintendent of Public Instruction Tom Torlakson launched the [Global California 2030Links to an external site.](http://www.cde.ca.gov/eo/in/documents/globalca2030report.pdf) initiative, which aims to train bilingual teachers, and to provide more opportunities for students to learn a second or third language at school. The state has also separately [invested $5 millionLinks to an external site.](https://earlyedgecalifornia.org/dll-professional-development-funding-2018/) for the training of early childhood teachers who work with dual-language learners. [First 5 CaliforniaLinks to an external site.](http://www.ccfc.ca.gov/), a statewide commission that funds programs for children and families, has committed $20 million to improving culturally and linguistically responsive practice in early learning settings through the organization's [Dual-Language Learner pilotLinks to an external site.](http://www.ccfc.ca.gov/programs/programs_dll.html). And L.A. Unified, the biggest school district in the state, [is piloting dual-language immersionLinks to an external site.](https://www.scpr.org/news/2017/04/21/70961/lausd-to-pilot-an-expanded-dual-language-preschool/) instruction in a group of pre-K classrooms this year.
    One looming challenge is finding enough bilingual teachers who are well trained to do this complex work, even with all these new investments. Erica Piedra, the principal of Leavenworth Elementary School in Fresno, says she has trouble finding staff with high-enough levels of academic Spanish to be able to teach in her school's dual-immersion program.
    "It is extremely important to our community," Piedra says, "that children see teachers who look like them and who share their history, who speak their language and know their culture."
    Yet, as a result of 20 years of almost no bilingual education, few local teachers have the academic Spanish skills needed to teach in the language.
    "There is a lot of making up to do now that the demand is so great and the supply of teachers is low," Patricia Gandara says.
    Bong Bai Thao is now in her second year of teaching kindergarten in Fresno Unified and plans to stay. She says her training program's emphasis on the value of students' linguistic and cultural diversity has helped her become a better teacher.
    "My professors really stressed the importance of getting to know where the kids come from," she says—to "know their environment, know their community."
    Vickie Ramos Harris, of Advancement Project California, says attitudes in California are shifting. People now, she says, are less likely to ask why bilingual education is important, instead asking, _Where do we start?_
    "And that's a huge shift," she says. "That's a really huge shift."
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